DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 4740-09
14 April 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.
BR three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 13 April 2010. The names and votes of the
members of the panel will he 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 24 October 1978 at age iy. Xou
served for nearly five months without disciplinary incident.
However, during the period from 4 April to 15 August 1979, you
received nonjudicial punishment (NJP) on three occasions for
three periods of unauthorized absence (UA) totalling 16 days.
The record reflects that you were also in a UA status on four
more occasions during the period from 13 September 1979 to 18
February 1982. These periods of UA were referred for court-
martial proceedings. As a result, you submitted a written
request for an other than honorable discharge in order to avoid
trial by court-martial for the foregoing periods of UA totalling
649 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 or
accepting such a discharge. Your request was granted and the
commanding officer was directed to issue you an other than
honorable 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. On 20 July 1982, you
were issued an other than honorable discharge.
The Board, in its review of your entire record and application
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade the characterization of your
discharge. It also considered your assertions that you were
involved with drugs and alcohol which made you incapable of
making sound decisions. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of your
discharge because of the seriousness of your frequent and lengthy
periods of UA from the Navy which resulted in four NJPs 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. Further, there is no evidence
in the record, and you submitted none to support your assertion.
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,
W. DEAN PFERI
Executive tor
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