DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BJG
Docket No: 356-10
22 September 2010
se
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
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 12 March 1975. 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 three periods of unauthorized absence (UA) totaling
118 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 9
April 1976, 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
discharge and confinement at hard labor.
The Board, in its review of your entire record, carefully
considered all potential mitigation, such as your youth,
character reference letters, and allegation that your duty
performance was hampered by alcoholism. Nevertheless, the
Board concluded that these factors were not sufficient to
warrant recharacterization of your discharge due to your UA
totaling over three months. Furthermore, the Board believed
that considerable clemency was extended to you when your
a
‘Yequest for discharge to avoid trial by court-martial was
“approved. “It wasakso 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. Regarding your allegation, the Board was unable to find
any evidence in your record to support it, and you have
provided no such evidence. In view of the above, your
applieation 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,
Ld Vou
W. DEAN P THFRR
Executive Lor
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