DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 6855-07
13 May 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 6 May 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 4 April 1983 at age 18. You served
for nearly a year without disciplinary incident, but on 7 March
1984, you were convicted by summary court-martial (SCM) of
disobedience, disrespect, assault, and drunk and disorderly
conduct. You were sentenced to a $334 forfeiture of pay and
restriction for. 55 days.
On 6 July 1984 you submitted a written request for an other than
honorable discharge in order to avoid trial by court-martial for
absence from your appointed place of duty, disobedience, assault,
and drunk and disorderly conduct. 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 16 July
1984 your request for discharge was granted, and on 31 July 1984
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 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 desire to upgrade your discharge to under
honorable conditions. It also considered your assertion that you
were unaware that you could have stayed in the Navy to complete
your enlistment. Nevertheless, the Board concluded these factors
were not sufficient to warrant recharacterization of your
discharge because of the seriousness of your repetitive
misconduct, which also resulted in 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. Finally, there is sufficient
evidence in the record that is contrary to your assertion.
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,
Rely OD, Te
ROBERT D. SALMAN
Acting Executive Director
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