DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 3597-09
12 February 2010
This ig 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 21 January 2010. 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 Reserve and began a period of active
duty on 15 March 1972 at age 18. On 25 September 1972, you were
convicted at a special court-martial (SPCM) for two instances of
unauthorized absence (UA) from your unit Lasting for a period of
43 days. At that time you were counseled and warned that further
misconduct could result in administrative discharge action. On
15 December 1972, you received NIP for UA from your unit. On 14
April 1973, you were charged with two instances of UA from your
unit totaling a period of 78 days and disobeying a lawful order.
Based on the information currently. contained in your record it
appears that you submitted a written request for a good of the
service discharge in order to avoid trial by court-martial for
the above listed charges of UA and disobeying a lawful order.
You would have conferred with a qualified military lawyer,
advised of you rights and warned of the probable adverse
consequences of accepting such a discharge. in connection with
this processing the separation authority would have approved a
recommendation from your commanding officer and directed an other
than honorable discharge for the good of the service. The record
clearly shows on 13 June 1973 you were so discharged. 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 and
overall record of service. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge given seriousness of your misconduct, periods
of UA totaling over four months and request for discharge to
avoid trial. 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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