DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 10732-07
18 November 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 13 November 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 21 May 1976.
You received nonjudicial punishment on 13 September and 14
October 1976 for offenses that included possession of marijuana,
disrespect, and unauthorized absence. On 12 April 1977 you
submitted a written request for discharge for the good of the
service in lieu of trial by court-martial for an unauthorized
absence of 124 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.
Your request was approved by the discharge authority, and on 3
May 1977, you were issued a DD Form 794, Certificate of Discharge
Under Other than Honorable Conditions. As a result of
administrative error, you were released from active duty and
transferred to the Individual Ready Reserve (IRR) on that date,
rather than discharged; however, the character of service entered
in item 9e of your DD Form 214 is “under other than honorable
conditions”. You were discharged from the Navy Reserve on 28
September 1982 at the expiration of your enlistment, with a
characterization of service of “under honorable conditions”.
The Board carefully evaluated all potentially mitigating factors
in your case, such as your youth and the unsubstantiated
contention to the effect that you were under duress when you
submitted your request for discharge, but concluded that those
factors are insufficient to granting your request for corrective
action. The Board concluded that your period of active service
was properly characterized as under other than honorable
conditions in view of your extensive disciplinary record. In
addition, the Board believes that considerable clemency was
extended to you when your request for discharge was approved, as
you avoided the possibility of a conviction by court-martial,
confinement at hard labor, and a punitive discharge. You received
the benefit of your bargain and should not be permitted to change
the terms of the bargain now. Accordingly, your application has
been denied. The names and votes of the members of the panel
will be furnished upon request.
You are not entitled to a DD Form 214 for the period 4 May 1977-
28 September 1982 because you did not serve on active duty during
that period.
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,
rea
Executive Di
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