DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 4636-08
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 27 April 1973, you enlisted in the Navy at age 17 with
parental consent. On 11 July 1973, you reached the age of 18.
During the period 8 September 1973 to 15 January 1974, you were
in an unauthorized absence (UA) status on four occasions
totaling about 98 days. You subsequently requested an
undesirable discharge (UD) for the good of the service to avoid
trial by court-martial for charges of the four instances of UA
totaling 98 days and escape from lawful confinement. At that
time, you consulted with counsel and acknowledged the
consequences of receiving such a discharge. On 6 March 1974,
the separation authority approved your request for a UD. On
15 March 1974, you were separated with a UD for the good of the
service to avoid trial by court-martial. 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,
regret for your misconduct, and desire for a better discharge.
Nevertheless, the Board concluded that these factors were not
sufficient to warrant recharacterization of your service due to
the seriousness of your lengthy periods of UA. 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,
Te DD. Ao
ROBERT D>+“ZSALMAN
Acting Executive Director
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