DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20376-5100. REC
Docket No: 00394-09
9 November 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 4 November 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.
You enlisted in the Navy and began a period of active duty on
2 January 1978, at age 18. Although the discharge documentation
is not in your record, it appears that you requested discharge
for the good of service to avoid trial by court-martial.
Regulations required that before making such a request, an
individual must be advised by military counsel concerning the
consequences of such a request. Since the record shows that you
were discharged by reason of good of the service to avoid trial
by court-martial on 19 March 1982, the Board presumed that the
foregoing occurred in your case. Since you requested discharge
in lieu of trial by court-martial, you avoided the possibility 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
desire to change the characterivation of your service.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
necause of your request for discharge. The Board believed that
considerable clemency wag 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. Further, you are advised that there is no
provision in the law or naval regulations that allow for
recharacterization of your discharge automatically due solely to
the passage of time. 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... 0 .-.-
Sincerely, ,
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