DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS /
2 NAVY ANNEX
WASHINGTON BDC 20370-5100
TAL
Docket No: 3658-09.
5 February 2010
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10, 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 27 January 2010. The names and votes of the
members of the panel will be furnished upon request. 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 on 26 June 1985 at age 18 and served
without disciplinary incident until 14 November 1985, when you
received nonjudicial punishment (NUP) for wrongful use of t
Marijuana and a 16 day period of unauthorized absence (UA). The
punishment imposed was a $600 forfeiture of pay and restriction
and extra duty for 30 days. However, about four days later, on
18 November 1985, you broke restriction and began another period
of UA that was not terminated until 13 January 1986. On 22
January 1986 you submitted a written request for an other than
honorable (OTH) discharge in order to avoid trial by court- .
martial for the foregoing period of UA totalling 56 days. Prior
to submitting this request you conferred with a qualified
military lawyer at which time you were advised of your rights and
warned of the probable adverse consequences of accepting such a
discharge. On 30 January 1986 your request was granted and the
commanding officer was directed to issue you an OTH discharge by
reason of the good of the service. 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. As a result of this action on 5 February 1986 you
were discharged under other than honorable conditions.
The Board, in its review of your entire record and application
carefully weighed all potentially mitigating factors, such as
your youth, post service conduct, the passage of time, and your
desire to upgrade your discharge. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your lengthy periods of UA which resulted in NJP and your
request for discharge. The Board believed that considerable
clemency was extended to you when your request for discharge to
avoid trial by court-martial was approved. Further, the Board
concluded that you received the benefit of your bargain with the
Navy when your request for discharge was granted and you should
not be permitted to change it now. Accordingly, your application
has been denied.
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,
Lass
W. DEAN PF
Executive Di
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