DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
SIN
Docket No: 09632-08
14 August 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 August 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 probabie material error or
injustice.
You enlisted in the Navy and began a period of active duty on
5 October 1978 at age 22. On 3 and 6 August 1979, you received
nonjudicial punishment (NJP) for three instances of disobedience,
25 days of unauthorized absence (UA), and failure to go to your
appointed place of duty.
On 5 August 1979, you began a period of UA that lasted 188 days,
ending on 19 February 1980. Subsequently, on 26 March 1980, you
submitted a written request for a good of the service discharge
in order to avoid trial by court-martial for that period 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 Gischarge.
Your request for discharge was granted and on 1 May 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, overall
record of service, and contentions that you went UA because
Sailors onboard your ship were being forced to engage in
homosexual activity, and you had been threatened with being
thrown overboard. Nevertheless, the Board concluded these
factors and contentions were not sufficient to warrant
recharacterization of your discharge because of your misconduct
that resulted in two NUP’s, and charges being preferred to a
court-martial for a period of UA totaling over six 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. Concerning your contentions,
there is no evidence in the record to support them, and you
submitted no such evidence. 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,
W. DEAN PFEI
Executive Di
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