DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 00216-07
24 July 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 18 July 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.
You enlisted in the Navy on 21 December 1979 at age 19. On
4 August 1980 you began a period of unauthorized absence (UA)
that lasted 182 days, ending on 2 February 1981. On 1 April
1981 you submitted a written request for a good of the service
discharge in order to avoid trial by court-martial for this
period of UA. Prior to submitting this request for discharge,
you conferred with a qualified military lawyer, were advised of
your rights, and warned of the probable adverse consequences of
accepting such a discharge.
Your request for discharge was granted and on 17 April 1981 you
received an other than honorable discharge for the good of the
service in lieu of trail 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 and application,
carefully weighed all potentially mitigating factors, such as
your youth and overall period of service. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge because of your request for
discharge for a lengthy period of UA lasting about six months.
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. 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,
\ oe LI.
W. DEAN PF F
Executive Dite
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