DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket ‘No: 01088-09
8 December 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 1 December 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
ee Ne. 982..af .age 18. On 3 September 1992, you began a period
Of unauthorized absence (UA) that lasted approximately 98 days,
ending with your apprehension on 10 December 1992. During this
time you were arrested and charged by civil authorities of
larceny of an automobile and driving on a suspended license.
Based on the information currently contained in your record it
appears that charges were preferred and you submitted a written
request for an other than honorable discharge in order to avoid
trial by court-martial. 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. Subsequently, your
request for discharge was granted and, on 24 February 1993, you
received.an other than honorable discharge in lieu of trial by
court-martial. As a result of this action, .yvou 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 and
overall record of service. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization :
of your discharge because of your long period of UA and pending
civil charges for serious offenses. 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. 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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