DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 03901-07
18 January 2008
Dear
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 16 January 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 April 1989 at age 21. On 22 March
1990, you received nonjudicial punishment (NJP) for an unknown
offense. Although the discharge processing paperwork is not
contained in your record, it appears that you submitted a written
request for an other than honorable discharge in order to avoid
trial by court-martial as stated on your Certificate of Release
or Discharge from Active Duty (DD Form 214). Prior to submitting
this request for discharge, you would have conferred with a
qualified military lawyer, been advised of your rights, and
warned of the probable adverse consequences of accepting such a
discharge. Subsequently, your request for discharge was granted
and, on 7 February 1991, you received an other than honorable
discharge in lieu of 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.
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The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, overall record of service, and the personal problems
you stated you were having that lead to your discharge.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of your NJP 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 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,
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