DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMW
Docket No: 9812-06
29 March 2007
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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 28 March 2007. 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.
On 8 August 1972 you enlisted in the Navy at age 18. On
7 November 1972 you began a period of unauthorized absence (UA)
that ended on 31 March 1973, a period of about 144 days. On
30 May 1973 you were convicted by a special court-martial (SPCM)
of this UA.
On 2 August 1973 you began another UA that ended when you were
apprehended by civil authorities on 19 March 1975. On
1 April 1975 you requested an undesirable discharge for the good
of the service to avoid trial by court-martial for this 594-day
period of UA. At that time, you consulted with counsel and
acknowledged the consequences of receiving such a discharge. On
4 June 1975 your request for an undesirable discharge was
approved by the separation authority. On 19 June 1975 you were
separated with an undesirable discharge for the good of the
service to avoid trial by court-martial. 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, carefully
considered all mitigating factors, such as your youth. The Board
also considered your contention that personal problems caused
your misconduct. Nevertheless, the Board found the evidence and
Materials submitted were not sufficient to warrant
recharacterization of your discharge due to seriousness of your
misconduct, specifically, UA's that totaled more than two years.
Furthermore, the Board believed that considerable clemency was
court-martial was approved since, by this action, you escaped the
possibility of confinement at hard labor and a punitive
discharge. Regarding your contention, there is no evidence in
the record to show that personal problems caused or contributed
to your misconduct. But, even if there were such evidence, that
would not excuse your misconduct. Finally, the Board concluded
that you received the benefit of your bargain with the Navy when
your request for discharge was granted and you should not be
permitted to change it now. 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.
Sincerely,
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