DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BJG
Docket No: 340-10
22 September 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 21 September 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
error or injustice. The Board found that you entered active
duty in the Navy on 25 January 1978. Your record is
incomplete, but it appears that you requested an other than
honorable (OTH) discharge for the good of the service to avoid
trial by court-martial for an unauthorized absence (UA)
totaling 156 days. At that time, you would have 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 16
May 1979, you were separated with an OTH discharge 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
family problems. Nevertheless, the Board concluded that these
factors were not sufficient to warrant recharacterization of
your discharge due to your UA totaling over five months.
Furthermore, the Board believed that considerable clemency was
extended to you when your request for discharge to avoid trial
_yby 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.
Regarding your request for unpaid Basic Allowance for Housing
(BAH), .[yhave enclosed an Application for Arrears in Pay (DD
Form 827) for your convenience.
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
ij USELCE.,
Sincerely,
Loon |
W. DEAN PF
Executive iz ¥
Enclosure
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