DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TLG
Docket No: 7001-14
14 May 2015
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the
United States Code, section 1552. The application was filed in
a timely manner.
Although your application was not filed ina timely manner, the
Board found it in the interest of justice to waive the statute
of limitations and consider your application on its merits. A
three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on
8 May 2015. The names and votes of the members of the panel
will be furnished upon request. Your allegations of error and
injustice were reviewed in accordance with administrative
Board. Documentary material considered by the Board consisted
of your application, together with all material submitted in
support thereof, your naval record, and applicable statutes,
regulations, and policies.
After careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy and began a period of active duty on
28 January 1988. You served for about a year and seven months
without disciplinary incident. However, during the period from
18 October 1989 to 1 May 1990, received nonjudicial punishment
(NJP) on two occasions for failure to go to your appointed place
of duty, failure to obey a general regulation regarding
harassment, and attempted fraternization while in the
performance of duty.
It appears that you requested discharge for the good of the
service to avoid trial by court-martial for unspecified
offenses. Regulations required that before making such a
request, an individual had to be advised by military counsel
concerning the consequences of such a request. Since the record
shows that you were discharged by reason of good of the service
to avoid trial on 26 July 1991, the Board presumed that the
foregoing occurred in your case. Because you requested
discharge in lieu of trial, you avoided the possibility of a
punitive discharge and*confinement at hard labor.
The Board, in its review of your record and application,
carefully weighed all potentially mitigating factors, such as
your period of satisfactory service and desire to upgrade your
discharge. Nevertheless, the Board concluded these factors were
not sufficient to warrant relief in your case given the serious
nature of your misconduct which resulted in two NUJPs and
presumably your request for discharge. The Board believed that
considerable clemency was extended to you when your request for
discharge was approved since, by this action, you escaped the
possibility of confinement at hard labor and a punitive
discharge. The Board further concluded that you received the
benefit of your bargain with the Navy when your request for
discharge was granted and should not be permitted to change it
now. Accordingly, your application has been denied.
It is regretted that the circumstances of your case are such
that favorable action cannot be taken. You are entitled to have
the Board reconsider its decision upon submission of new and
material evidence within one year from the date of the Board’s
decision. New evidence is evidence not previously considered by
the Board prior to making its decision in your case. In this
regard, it is important to keep in mind that a presumption of
regularity attaches to all official records. Consequently, when
applying for a correction of an official naval record, the
burden is on the applicant to demonstrate the existence of
probable material error or injustice.
Sincerely,
ROBERT J. O’NEILL
Executive Director
NAVY | BCNR | CY2014 | NR7574 14_Redacted
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S$. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 July 2015. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies.
NAVY | BCNR | CY2014 | NR6380 14
Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies. After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the existence of probable material error or injustice. Although the discharge documentation is not in your record, it appears that you requested...
NAVY | BCNR | CY2014 | NR5411 14
a three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 May 2015. Documentary material considered by the Board consisted of your application, together with all material submitted in Support thereof, your naval record, and applicable statutes, regulations, and policies. Nevertheless, the board concluded these factors were not sufficient to warrant an upgrade of your discharge because of your lengthy period of...
NAVY | BCNR | CY2014 | NR5393 14_Redacted
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 May 2015. Documentary material considered by the Board consisted of your application, together with all material submitted in Support thereof, your naval record, and applicable statutes, regulations, and policies. During the period from 27 August 1992 to 24 March 1993, you were again UA on seven occasions for 35 days.
NAVY | BCNR | CY2014 | NR5393 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 May 2015. Documentary material considered by the Board consisted of your application, together with all material submitted in Support thereof, your naval record, and applicable statutes, regulations, and policies. During the period from 27 August 1992 to 24 March 1993, you were again UA on seven occasions for 35 days.
NAVY | BCNR | CY2014 | NR2223 14
*: three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 March 2015. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies. After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the...
NAVY | BCNR | CY2006 | 01615-07
Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies.After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the existence of probable material error or injustice.You reenlisted in the Navy on 21 December 1984 after two years of prior honorable service. Because...
NAVY | BCNR | CY2006 | 09108-06
Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies.After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the existence of probable material error or injustice.You enlisted in the Navy on 25 September 1978 at age 19 and served without disciplinary incident until...
NAVY | BCNR | CY2004 | 09459-04
Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies.After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the existence of probable material error or injustice.You enlisted in the Marine Corps on 7 October 1981 at age 19. Although the discharge documentation is...
NAVY | BCNR | CY2013 | NR5235 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 May 2014. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies. The Board further concluded that you received the benefit of your bargain with the Navy when your request.