DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 11060-09
20 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 20 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 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 26 July 1974 and were honorably discharged
on 1 June 1978. You reenlisted on 2 June 1978. You received
nonjudicial punishment on two occasions, and were convicted by
a summary and a special court-martial for unauthorized absence
(UA) (10 specifications totaling 31 days), disobeying a lawful
order, failure to obey a lawful order, and failure to go to
your appointed place of duty (five specifications). You then
requested an other than honorable (OTH) discharge for the good
of the service to avoid trial by court-martial for three
periods of UA totaling 64 days. 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 an OTH discharge. On 18
April 1980, you were separated with an OTH discharge for the
good of the service to avoid trial by court-martial. Asa
result of this action, you were spared the stigma of a court-
martial conviction and the potential penalties of a punitive
Gischarge and confinement at hard labor.
The Board, in its review of your entire record, carefully
considered all potential mitigation, such as your prior
honorable service. Nevertheless, the Board concluded that
these factors were not sufficient to warrant recharacterization
of your discharge due to your serious misconduct. 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,
\Svoud
W. DEAN P
Executive Di¥ector
Copy Ee:
The Honorable Shelley Berkley
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