DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 07836-07
3 July 2008
pplication for correction of your
provisions of Title 10 of the United
This is in reference to your a
naval record pursuant to the
States Code, section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 1 July 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.
pS on 30 January 1989 after five
years of honorable service. On 24 July 1989, you received
nonjudicial punishment (NJP) for dereliction of duty. You
received a reduction in paygrade and a forfeiture of pay. On
26 October 1989, you submitted a written request for an other
scharge in order to avoid trial by court-martial
for two specifications of failure to go to your appointed place
of duty, two specifications of disobedience, and two
specifications of making a false official statement. 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. Subsequently, your request for discharge was granted
and, on 7 November 1989, 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 application, carefully weighed
all potentially mitigating factors, such as your prior honorable
service, and overall record of your last period of service.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of your misconduct that resulted in NUP, charges being
preferred to a court-martial, 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
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,
\Sonek
W. DEAN P
Executive Dinhe r
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