DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMW
Docket No: 7867-07
15 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 14 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.
On 30 September 1974, you enlisted in the Navy at age 22.
During the period 20 May 1975 to 7 January 1977, you had seven
nonjudicial punishments (NJP's) for ten instances of
unauthorized absence (UA) totaling about 23 days, being
incapacitated for duty, and violating uniform regulations.
On 11 January 1977, you were admitted to residential substance
abuse treatment for alcoholism. On 18 February 1977, you
completed residential treatment and was released to full duty.
You were also provided after-care instructions.
On 7 March 1977, you began a UA that ended on 13 April 1977,
a period of about 37 days. on 19 April 1977, suspended
punishment from the NUP dated 7 January 1977, was vacated.
On 30 April 1977, you began another UA. On 3 May 1977, you
were apprehended by civilian authorities and held pending
charges of public drunkenness. On 5 May 1977, you missed the
Sailing of your ship. On 18 May 1977, about 18 days later,
your UA ended when you were returned to military authorities.
Based on the information currently contained in the record, it
appears that you subsequently requested an other than honorable
(OTH) discharge for the good of the service to avoid trial by
court-martial for the two periods of UA that totaled about 55
days and missing the movement of your ship. Apparently, the
separation authority approved your request for an OTH
discharge. On 1 July 1977, you were separated with an OTH
discharge for the good of the service to avoid 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 entire record, carefully
considered all potential mitigation, such as your youth. The
Board also considered your belief that your discharge would be
automatically upgraded. Nevertheless, the Board concluded that
these factors were not sufficient to warrant recharacterization
of your discharge due to the seriousness of your misconduct.
Further, there is no provision in the law or regulations that
allows for recharacterization after six months or due to the
passage of time. Furthermore, the Board believed that
considerable clemency was extended to you when your request for
discharge to avoid trial by court-martial 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 you should not be permitted to change it now. -
Accordingly, your application has been denied. The names and
It is regretted that the circumstances of your case are such
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,
et D Pe
j
ROBERT D Sg SALMAN
Acting Executive Director
2
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