DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 2942-07
11 February 2008
Dear
This is in reference to your application for correction of your
NAVAL fe. ore jrarsuare Lhe provisions of Title POG, United
States Caode, Section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 5 February 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy on 25 July 1981 at age 17. About two
months later, in September 1981, you received some form of
disciplinary action for two periods of unauthorized absence (UA)
totalling 10 days, failing inspection, failure to return an
identification card, and two specifications of failure to obey a
lawful order.
During the period from 30 September 1981 to 13 January 1982 you
were in a UA status on eight occasions for 68 days and broke
restriction on 26 occasions. Although the discharge
documentation is not in your record, it appears that on 12
February 1982 you requested discharge for the good of the service
to avoid trial by court-martial for the foregoing misconduct.
Regulations required that before making such a request, a Sailor
must be advised by military counsel concerning the consequences
of such a request. During the period from 25 February to 11
April 1982 you were again in a UA status for 47 days, however, no
disciplinary action was taken for this misconduct. Nonetheless,
Since the record shows that you were discharged on 19 May 1982 by
reason of good of the service to avoid trial, 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 entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, post service conduct, educational documents, and
certificates of achievement and recognition. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your frequent and repetitive lengthy periods of UA, and 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.
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, ~
das
W. DEAN* PHEIFRER
Executive DyiHegQtor
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