DEPARTMENT OF THE NAVY
BOARD FOR C O R R E C T I O N O F N A V A L RECORDS
2 NAVY ANNEX
W A S H I N G T O N D C 20370-5100
TJR
Docket No: 10943-02
14 October 2003
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, United
States Code, Section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 7 October 2003. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
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 on 24 August 1976 at age 17. On 5 and
19 April 1977 you received nonjudicial punishment (NJP) for
absence from your appointed place of duty and failure to @hey a
lawful order.
During the period from 20 ~pril 1977 to 1 June 1978 you were in
an unauthorized absence (UA) status on five occasions for a total
of 363 days. Although the discharge documentation is not in your
record, it appears that you requested discharge for the good of
the service to avoid trial by court-martial for the foregoing
periods of UA. ~egulations stated that such a request could be
submitted only if the individual committed an offense that could
result in a punitive discharge if tried by court-martial.
Additionally, before requesting discharge, an individual had to
be advised by military counsel concerning the consequences of
such a request. Since you were discharged by reason of good of
the service, the Board presumed that these proceedings were
followed in your case. Because you requested discharge in lieu
of trial, you received the benefit of your bargain when you were
discharged and not tried by court-martial, and on 25 August 1978
you received an other than honorable discharge. As a result of
this action, you were spared the stigma of a court-martial
conviction and the potential penalties of a punitive discharge
and confinement at hard labor.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity and your assertion that you were
suffering with depression. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge because of your repetitive and lengthy periods
of UA, which resulted in 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 also 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. Further, the Board noted that there is no evidence in the
record, and you submitted none, to support your contention of
depression. Accordingly, your application has been denied.
The names and votes of the members of the panel will be furnished
upon request.
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 or other matter not previously considered by the Board.
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.
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