DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 00451-09
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 2005. Your allegations of error an
injustice were reviewed 4n 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
17 August 1988, at age 21. On 3 November 1988, you entered a
period of unauthorized absence (UA) for 131 days. Subsequently,
on 17 April 1989, you submitted a written request for a good of
the service discharge in order to avoid trial by court-martial
for the 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 discharge.
Your request for discharge was granted and on 25 April 1989, 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, post
sarvice medical conditions, overall record of service, and your
application. Nevertheless, the Board concluded these factors
were not sufficient to warrant recharacterization of your
discharge because of your misconduct. that resulted in your
periods of UA totaling over four months, and your request for
discharge. 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. Finally, 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 = |: on
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.
SLMeene ly,
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