DEPARTMENT OF. THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX TRG
WASHINGTON DC 20370-5100 pogpet No: 1875-07
30 April 2008
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 29 April 2008. 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Navy on 30 July 1965 at age 17. During the
period from 7 April 1966 to 11 January 1968, you were convicted
by three special courts-martial and received two nonjudicial
punishments. Your offenses were seven periods of unauthorized
absence totaling about 108 days, missing movement, escape from
confinement, breaking restriction and possession of another
Sailor's identification card. The punishment of the second
special court-martial included a bad conduct discharge which was
suspended on six months probation. After you escaped from
confinement, you were convicted by the third special court-
martial of that offense and were sentenced to another bad conduct
discharge. There is another seven day period of unauthorized
absence in the record for which you apparently did not receive
any disciplinary action. You received the bad conduct discharge
on 4 March 1968.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and contention
that your misbehavior was caused by your anger at your father for
making you enlist. You state, in effect, that you have turned
your life around and are trying to live a good life. The Board
found that these factors and contention were not sufficient to
warrant recharacterization of your discharge given your multiple
action in the record. However, on 21 December 1971 you escaped
from a correctional facility and were later declared a deserter.
Thirty-one days later, you were apprehended.
Your military record shows that you submitted a written request
for an undesirable discharge in order to avoid trial by court-
martial for escape, the 31 day period of unauthorized absence,
communicating a threat and several other offenses. Your record
also shows that prior to submitting this request, you conferred
with a qualified military lawyer, at which time you were advised
of your rights and warned of the probable adverse consequences of
accepting such a discharge. The Board found that your request
was granted on 14 March 1972 and, 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. You received the undesirable discharge on 22 March
1972.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your two tours in
Vietnam and participation in numerous combat operations. The
Board also considered your contention that you have suffered from
mental problems since your service in Vietnam. However, there is
no evidence in the record and you have submitted none to show
that your have a mental illness caused by such service.
The Board found that these factors and contention were not
sufficient to warrant recharacterization of your discharge given
your record of misconduct and especially your request for
discharge to avoid trial for ‘the offenses. The Board believed
that considerable clemency was extended to you when your request
for discharge was approved. The Board also concluded that you
received the benefit of your bargain when your request for
discharge was granted and you should not be permitted to change
it now. The Board concluded that your discharge was proper as
issued and no change is warranted.
Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon request.
The Board believes that you may be eligible for at least some
veterans' benefits based on your unchanged record. Therefore, if
you have been denied benefits, you should appeal that denial
under procedures established by the Department of Veterans
Affairs.
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
BQ
presumption of regularity attaches all official records.
Consequently, when applying for a cdrrection of an official naval
record, the burden is on the applicamt to demonstrate the
existence of probable material error or injustice.
Sincerply,
pet fon
ROBERT] D. SALMAN
Acting] Executive Director
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