DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 SJN
Docket No: .08338-08
16 July 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 14 July 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 materiai error or
injustice. ,
You enlisted in the Navy and began a period of active duty on
12 July 1977 at age 18. During the period from 23 January to
29 June 1978, you received three nonjudicial punishments (NJP‘s)
for five periods of unauthorized absence (UA) totaling 154 days,
two instances of possession of marijuana, loss of government
property (military identification card), incapacitation for duty,
use of provoking speeches, disobedience, and breaking
restriction. During the period from 30 June 1978 to 7 August
1980, you had six periods of UA totaling 587 days. Subsequently,
on 25 August 1980, you submitted a written request for a good of
the service discharge in order to avoid trial by court-martial
for 587 days of UA. Prior to submitting this request for
discharge, you conferred with a qualified military lawyer, were
advised of your rights, and warned of the probable adverse
consequences of accepting such a discharge.
Your request for discharge was granted and on 18 September 1980,
you received an other than honorable discharge for the good of
the service in lieu of 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 application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge because of your misconduct that resulted in
three NUJP's and charges being preferred to a court-martial for
periods of UA totaling over 19 months. The Board believed that
considerable clemency was extended to you when your request for
discharge 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 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,
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