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NAVY | BCNR | CY2007 | 05586-07
Original file (05586-07.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

SMW
Docket No: 5586-07
7 February 2008

 

This is in reference to your application for correction of your
navel 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 6 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.

On 9 June 1980, you reenlisted in the Navy at age 21 after a
prior period of honorable service. On 14 and 15 July 1980, you
were in an unauthorized absence (UA) status. On 17 July 1980,
you began another UA. On 16 August 1980, you were declared a

deserter. On 1 August 1982, you were apprehended by civilian
authorities, after being in desertion status for about 745 days.

On 20 August 1982, after consulting counsel, you requested an
other than honorable (OTH) discharge for the good of the service
to avoid trial by court-martial for the charges of desertion and
UA. On 31 August 1982, the separation authority approved your
request for an OTH discharge for the good of the service to avoid
trial by court-martial. On 3 September 1982, you were so

Gischarged.

The Board, in its review of your entire record, carefully
considered all potential mitigation, such as your youth. The
Board also considered your contention that you were only charged
with UA and that a Federal Bureau of Investigation (FBI) report
erroneously shows that you were arrested, charged, and convicted
of desertion, and dishonorably discharged. The Board also
considered your contention that you were never in trouble before
your desertion. Nevertheless, the Board found the evidence and
materials submitted were not sufficient to warrant changing the
characterization of service due to the seriousness of your
misconduct. The Board believed that considerable clemency was
extended to you when your request for discharge to avoid trial by
court-martial was approved since, by this action, you escaped the
possibility of confinement at hard labor and a punitive
discharge. Regarding your contentions, an FBI report of

2 January 2008, a copy of which is enclosed, shows that you were
arrested, charged with desertion and discharged to escape trial
by court-martial. There is no entry regarding a conviction or
dishonorable discharge. Furthermore, regarding your contention
of having no other trouble before the offenses for which you were
discharged, the record shows that you had four nonjudicial
punishments during your first period of service. Finally, the
Board concluded that you received the benefit of your bargain
with the Navy when your request for discharge was granted and you
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,

Leas Pe

W. DEAN P
Executive

 
  
 

Enclosure

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