DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 846-10
26 October 2010
eo
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10, 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 October 2010. The names and votes of the
members of the panel will be furnished upon request. 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.
BEter 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
6 October 1980 at age 19. You received nonjudicial punishment
(NTP) on four occasions for drunk and disorderly conduct,
committing a nuisance, disobeying a lawful general regulation by
possessing marijuana, conduct prejudicial to good order and
discipline by cutting your wrist, unauthorized absence (UA) and
missing your ship’s movement. After your second NJP, you were
counseled regarding your misconduct and warned that further
offenses could result in administrative separation. On 23 August
1983, you were UA from your unit until apprehended by the Kings
County Sheriff’s department, Seattle, Washington on 22 July 1986,
a period of 963 days. Based on the information currently
contained in your record it appears you submitted a written
request for an other than honorable (OTH) discharge in order to
avoid trial by court-martial for the pending charges. Prior to
submitting this request you conferred with a qualified military
lawyer at which time you were advised of your rights and warned
of the probable adverse consequences of accepting such a
discharge. Your request was granted and the separation authority
directed your OTH discharge. 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. On 19 September 1986 you were discharged under OTH
conditions.
The Board, in its review of your entire record and application
carefully weighed all potentially mitigating factors, such as
“your youth and overall record of service. Nevertheless, the
goard concluded these factors were not sufficient to warrant
Deca cer iatietin of your discharge given the seriousness of
your misconduct that resulted in four NJPs, a period of UA that
lastegl over two years and six months, and request for discharge.
The Board believed that considerable clemency was extended to you
when your request for discharge to avoid trial by court-martial
was approved. Finally, the Board 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. 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,
\o Doak
W. DEAN PFE F
Executive Directo
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