DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BIG
Docket No: 10389-09
30 June 2010
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 29 June 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice. The Board found that you entered active
duty in the Navy on 3 May 1973. You were convicted by a
special court-martial of a 123 day period of unauthorized
absence (UA) and failure to go to your appointed place of duty.
On 5 February 1975, you requested an undesirable discharge (UD)
for the good of the service to avoid trial by court-martial for
a 185 day period of UA. At that time, you consulted with
qualified military counsel and acknowledged the adverse
consequences of receiving such a discharge. The separation
authority approved your request for a UD. On 19 February 1975,
you were separated with a UD for the good of the service to
avoid trial by court-martial. 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 entire record, carefully
considered all potential mitigation, such as your youth and
character reference letters. Nevertheless, the Board concluded
that these factors were not sufficient to warrant
recharacterization of your discharge due to your lengthy
periods of UA. Furthermore, the Board believed that
considerable clemency was extended to you when your request for
discharge to avoid trial by court-martial was approved. It was
also clear to the Board 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. In view
of the above, 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,
Wa,
W. DEAN P EB
Executive réctor
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