DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 10677-0989
23 July 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 14 July 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 and began a period of active duty on
20 November 1973 at age 17. Based on the information currently
contained in your record it appears that you received nonjudicial
punishment (NJP) on two occasions. On 30 August 1975, you began
a 10 day period of unauthorized absence (UA) from your unit until
you were apprehended by civil authorities on 9 September 1975.
On 23 September 1975 you began a 22 day period of UA from your
unit until you were apprehended by civil authorities on
15 October 1975. On 7 November 1975 you began a 102 day period
of UA from your unit until you were apprehended by military
authorities on 17 February 1976. On 5 March 1976, you submitted
a written request to be discharged for the good of the service to
avoid trial by court-martial for the three periods of UA. You
conferred with a qualified military lawyer, were advised of your
rights, and were warned of the probable adverse consequences of
accepting such a discharge. Subsequently, your commanding
officer forwarded his recommendation that you be discharged for
the good of the service with an other than honorable (OTH)
discharge. On 7 April 1976, you received the OTH discharge for
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.
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 the seriousness of your misconduct that
resulted on two NJPs, periods of UA that totaled over five 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. Finally, no discharge is upgraded merely because
of the passage of time. 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,
\ ea Ae
W. DEAN PFEURE
Executive Di r
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