DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJIJR
Docket No: 11106-07
6 November 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 5 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy on 2 February 1981 at age 17 and served
without disciplinary incident until 18 May 1981, when you
received nonjudicial punishment (NJP) for five periods of failure
to go to your appointed place of duty. On 10 July 1981 you ©
received NJP for a 41 day period of unauthorized absence (UA).
The punishment imposed was a $500 forfeiture of pay and extra
duty and restriction for 45 days. On 14 July 1981, after
breaking restriction, you began another period of UA that was not
terminated until you were apprehended by civil authorities. As a
result, on 10 August 1981, you were convicted by civil
authorities of drunk and disorderly conduct and sentenced to
confinement for 30 months. However, the sentence was
subsequently suspended and on 30 August 1981 you were returned to
military custody.
Although the discharge documentation is not in your record, it
appears that you requested discharge for the good of the service
to avoid trial by court-martial. Regulations required that
before making such a request, an individual must be advised by
military counsel concerning the consequences of such a request.
Since the record shows that you were discharged by reason of good
of the service to avoid trial on 2 October 1981, the Board
presumed that the foregoing occurred in your case. Because you
requested discharge in lieu of trial, you avoided the possibility
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. It also
considered your assertion of suffering from manic depression.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of your repetitive misconduct, lengthy period of UA, and
your request for discharge. The Board believed that considerable
clemency was extended to you when your request for discharge was
approved. The Board further 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. Further, there is no evidence in your record, and you
submitted none, to support your assertion of manic depression.
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,
\pbaSy
W. DEAN PF
Executive D
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