DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 11113-07
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 14 October 1986 at age 19 and began a
period of active duty on 20 October 1986. You served without
disciplinary incident until 12 March 1987, when you received
nonjudicial punishment (NJP) for a seven day period of
unauthorized absence (UA). On 18 June 1987 you were found to be
unsuitable for overseas assignments because of your three alcohol
related incidents. On 29 and 30 July 1987 your were diagnosed as
an alcohol abuser. The psychiatric report also noted that you
did not have a history of depression, extraordinary sadness,
paranoid or psychotic thinking, or hallucinations. The report
further stated that there was no evidence of psychotic problems
and that you were recommended for an administrative separation
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 13 August 1987, 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 an undiagnosed bi-polar disorder.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of 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. 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,
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