DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 6250-09
2 June 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 1 June 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 10 January 1979 at age 18 and began a
period of active duty on 24 January 1979. You served for nearly
six months without disciplinary incident, but on 8 June and again
on 23 July 1979, you received nonjudicial punishment (NJP) for
two periods of unauthorized absence (UA) totalling 14 days and
failure to go to your appointed place of duty.
On 8 February 1980 you received NOP for an eight day period of
UA, two periods of absence from your appointed place of duty, and
missing the movement of your ship. Shortly thereafter, on 18
June 1980, you began another period of UA that was not terminated
until 8 October 1980. During this period of UA you were also
declared a deserter and the charges were referred for trial by
court-martial. 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 period of UA totalling 120 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. Subsequently, 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 9 December 1980 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 your discharge. It also
considered your assertion that your undiagnosed bipolar disorder
was the reason you did not or could not make rational decisions.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your repetitive misconduct which
resulted in three NUPs and lengthy period of UA which resulted in
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 4t now. Finally, 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,
\ Nun sdaf
W. DEAN PF FRR
Executive tor
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