DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 10537-08
15 March 2010
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 3 March 2010. Your ailegations 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you reeniisted in the Navy on 24 March 1982.
You received five nonjudicial punishments for offenses that
included unauthorized absences, failure to obey a lawful order,
disrespect, absence from appointed place of duty, and wrongful
use of marijuana.
On 6 September 1985 you submitted a written request for discharge
for the good of the service in lieu of trial by court-martial for
an unauthorized absence of 1004 days. Prior to submitting this
request you conferred with a qualified military lawyer who
advised you of your rights and warned of the probabie adverse
consequences of receiving a discharge under other than honorable
conditions. Your request was approved by the discharge
authority, and you received a discharge under other than
honorable conditions on 1 October 1985.
The Board concluded that your service was properly characterized
with a discharge under other than honorable conditions given your
lengthy period of unauthorized absence. In addition, it found
that considerable clemency was extended to you when your request
for discharge was approved since, by that action, you avoided the
possibility of a Federal conviction, confinement at hard labor
and a punitive discharge. Further, you received the benefit of
your bargain, 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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