DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 02529-10
27 December 2010
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the Urmibed
States Code, section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 15 December 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 11 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
96 April 1971, at #g° 17. You commenced a period of unauthorized
absence (UA) for ten days. Your chain of command decided to not
impose punishment. On 14 December 1972, you were convicted by 4
special court-martial of being UA for 147 days. You were
sentenced to 4 forfeiture of $600, and confinement at hard labor
for 100 days. On 14 December 1972, you escaped custody and
remained UA until 26 February 1975. On 27 February 1975, you
received nonjudicial punishment (NOP) for escaping custody. You
submitted a request for a good of the service discharge to avoid
trial by court-martial for the period of UA. Prior to submitting
this request for discharge, you conferred with a qualified
military lawyer, were advised of your rights, and warned of the
probable adverse consequences of accepting such a discharge.
Your commanding officer forwarded his recommendation that you be
discharged under other than honorable (OTH) conditions by reason
of good of the service to avoid trial by court-martial. Your
request for discharge was granted and on 27 February 1975, you
received an OTH discharge for the good of the service in lieu of
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 application, carefully weighed
all potentially mitigating factors, such as your youth, conduct,
and overall record of service. Nevertheless, the Board found
that these factors were not sufficient to warrant changing your
characterization of your discharge, given your record of one NUP,
conviction by one SPCM for misconduct, and request for discharge.
q The record shows that you requested an OTH discharge for the good
& of’ the service to avoid trial by court-martial after you
Meédisulted qualified counsel and acknowledge the consequences of
Mreceiving such a’ discharge, and there is no evidence in the
erecord to show that you were eligible for consideration to be
discharged due t® a reduction in force. Further, there is no
provision in the law or regulations that allows for
recharacterization of service due solely to the passage of time.
Furthermore, the Board believed that considerable clemency was
extended to you when your request for discharge to avoid trial by
court-martial 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 you 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,
j
W. DEAN P E
Executive Birector
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