DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 4600-08
12 February 2009
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 11 February 2009. 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 2 September 1976, you enlisted in the Navy at age
17 with parental consent. Based on the information currently
contained in the record, you subsequently requested an
undesirable discharge (UD) for the good of the service to avoid
trial by court-martial for charges of disrespect, disobedience
of a lawful order, resisting apprehension, destruction of
military property, use of provoking words and gestures,
assault, uttering disloyal statements about the United States,
and communicating a threat. On 24 March 1977, a medical
evaluation stated that you were pending charges following a
drinking bout and found no evidence of a mental disorder. On
19 April 1977, you had nonjudicial punishment for wrongful
possession of a military identification card. Apparently, the
Separation authority approved your request for a UD for the
good of the service to avoid trial by court-martial. On
13 May 1977, you were so discharged. 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 contention that you were intoxicated
at the time that your misconduct occurred and were an active
alcoholic when you were in the Navy. Nevertheless, the Board
concluded that these factors were not sufficient to warrant
recharacterization of your service due to the seriousness of
your misconduct. Regarding your contentions, the record does
show that your offenses occurred after you consumed alcohol,
but there is no evidence in the record to show that you were
diagnosed as being an alcoholic. 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 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,
Ve eli an o SS
ROBERT D. Tova
Acting Executive Director
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