DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 8508-08
20 May 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 19 May 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 31 October 1988, you enlisted in the Navy after a
prior period of honorable service in the Navy Reserve.
On 11 January 1991, you began an unauthorized absence (UA) that
ended on 15 November 1991, a period of about four days.
On 15 January 1991, you received a psychiatric evaluation
during which time you threw yourself on the floor and
threatened to commit suicide. You stated that you feared the
consequences of going UA and would not be discharged from the
Navy as soon as you hoped, and went UA because of occupational
stress and fear of going to the Persian Gulf. The evaluation
diagnosed you with an adjustment disorder, depressed mood and
occupation problem, and as having passive aggressive and f
marcissistic traits. On 6 February 1991, you failed to comply
with orders to report for a port call and began a UA that ended
on 11 February 1991, a period of about five days. On
8 April 1991, you failed to comply with another set of orders
and began another UA that ended on 13 May 1991, a period of
about five days. On 27 June 1991, a medical evaluation found
that you were able to state and understood the charges and
reasons for separation as well as the consequences of the
discharge, and concluded that no psychiatric evaluation was
warranted.
Based on the information currently contained in the record, it
appears that you requested an other than honorable (OTH)
discharge for the good of the service to avoid trial by court-
martial for charges of UA and missing movement. At that time,
you would have consulted with counsel and acknowledged the
consequences of receiving such a discharge. Apparently, the
separation authority approved your request for an OTH discharge
for the good of the service to avoid trial by court-martial.
On 19 July 1991, 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 and
period of good service. The Board also considered your
contention that there were unusual circumstances surrounding
your absence and you were sexually assaulted, but no action was
taken. Nevertheless, the Board concluded that these factors
were not sufficient to warrant recharacterization of your
discharge due to the seriousness of your repetitive misconduct.
Regarding your contention, there is no evidence in the record
to support it. The record does show that you received medical
treatment on several occasions as a result of altercations with
your boyfriend and husband, and you stated during the
psychiatric evaluation that you went UA because you feared
going to the Persian Gulf and had occupational stress.
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
2
official naval record, the burden is on the applicant to
demonstrate the existence of probable material error or
injustice.
Sincerely,
Executive Di
ue
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