DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 6327-07
17 April 2008
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 15 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 the evidence submitted was insufficient
to establish the existence of probable material error or.
injustice.
You enlisted in the Navy on 25 March 1988 at age 19 and served
without disciplinary incident until 22 December 1988, when you
received nonjudicial punishment (NJP) for a two day period of
unauthorized absence (UA). The punishment imposed was
restriction for 45 days.
On 15 February 1988 you began an eight day period of UA that was
not terminated until you were apprehended on 23 February 1988 for
disorderly conduct. Your record reflects that on 27 February
1988 you feigned mental derangement, intentional injury,
disorderly conduct and/or attempting fatal self-harm by ingesting
a bottle of pills. Less than a month later, on 19 March 1988,
you were incapacitated for duty due to drunkenness and
overindulgence in liquor or drugs.
for an eight day period of UA, two specifications of disorderly
conduct, feigning mental derangement, drunkenness, overindulgence
in liquor or drugs, and being incapacitated for duty. Prior to
submitting this request for discharge, you conferred with a
qualified military lawyer, were advised of your rights, and
warned of the probable adverse consequences of accepting such a
discharge. On 29 March 1988 your request for discharge was
granted, and on 17 April 1988 you received an other than
honorable discharge in lieu of trial by court-martial. As a
result, you were spared the stigma of a court-martial conviction
and the potential penalties of a punitive discharge and
“=““SOlit rrement at hard taper
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, post service conduct, and the passage of time. It
also considered the character reference letters, attendance
certificate, and professional evaluation. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your repetitive misconduct, which resulted in NUP and your
request for discharge. 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 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,
W. DEAN PFE
Executive D or
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