DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 CRS
Docket No: 7428-07
5 May 2008
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 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you enlisted in the Navy on 22 February
1977. You received four nonjudicial punishments during the 2
February 1978-1 March 1979 period, for offenses which included
lengthy periods of unauthorized absence, leaving your place of
duty without relief, disobedience of lawful orders, failure to go
to appointed place of duty, being out of uniform, larceny on two
occasions, concealing government property in your locker, and
breaking restriction. On 12 June 1978 you were convicted by
Civil authorities of robbery and sentenced to confinement for ten
years. The period of your confinement by civil authorities is
not shown in your naval record. On 17 February 1981 a medical
evaluation board diagnosed you as having a mixed personality
disorder.
unauthorized absence of 353 days. Prior to Submitting this
request you conferred with a qualified military lawyer who
advised you of your rights and warned of the probable adverse
consequences of receiving a discharge under other than honorable
conditions. You were examined on 1 July 1981 and found
physically qualified for separation. You received a fifth
nonjudicial punishment on 8 October 1981, for four periods of
unauthorized absence, breaking restriction and violating a
regulation. Your request for discharge for the good of the
service was approved by the discharge authority, and you were
discharged under other than honorable conditions on 15 October
1981.
The Board carefully weighed all potentially mitigating factors
present in your case, such as your mental disorder, which you
believe existed while you were on active duty and contributed to
your decision to request discharge, lack of adequate legal
representation, and your post service conduct and achievements.
The Board concluded that notwithstanding those factors, your
service was properly characterized as under other than honorable
conditions, given your extensive record of misconduct and the
serious nature of many of your offenses. The Board believed that
considerable clemency was extended to you when your request for
discharge was granted, as you avoided the possibility of being
confined at hard labor and receiving a punitive discharge. You
received the benefit of your bargain and should not be permitted
to change it now.
There is no indication in the available records that you lacked
mental responsibility for your actions, or were unfit for duty by
reason of physical disability that was incurred in or aggravated
by your naval service. You would not have been entitled to
disability separation or retirement in any case, as your
discharge for the good of the service would have taken precedence
over disability evaluation processing.
TR ert rr AF FAR FARRAR IR arose om eA esti awe hae
aib view Vl CMe LoLregoing, your appiication nas
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names and votes of the members of the panel wil
upon request.
been denied. The
1 be furnished
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,
Copy to: The American Legion
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