DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 3070-08
17 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 5 May 1971. On
1 November 1973 you submitted a written request for discharge for
the good of the service in lieu of trial by court-martial for
unauthorized absences totaling 329 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 you received a discharge under other than
honorable conditions on 16 November 1973.
The Board carefully evaluated all potentially mitigating factors
in your case, guch as your youth and personal problems. The
Board concluded that your service was properly characterized as a
discharge under other than honorable conditions in view of your
multiple unauthorized absences and 329 days time lost. In
addition, the Board believes that considerable clemency was
extended to you when your request for discharge was granted, as
you avoided the possibility of a conviction by court-martial,
being confined at hard labor, and receiving a punitive discharge.
You received the benefit of your bargain and 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,
LoStone
W. DEAN PF
Executive
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