DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SUN
Docket No: 04032-07
4 February 2008
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10 of 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 24 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 2 August 2001 at age 25. Based on
the information currently contained in your record it appears you
submitted a written request for an other than honorable discharge
in order to avoid trial by court-martial. 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 18 June 2004, 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.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and overall record of service. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge because of your request for
discharge to avoid trial by court-martial. 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,
das
W. DEAN PF
Executive edtor
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