DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 CRS
Docket No: 4236-10
3 November 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 27 October 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 enlisted in the Navy on 19 April 1976.
On 26 November 1976 you suffered a broken jaw in a car accident.
You received nonjudicial punishment on two occasions for offenses
that included unspecified violations of Articles 92 and 121,
Uniform Code of Military Justice.
On 8 February 1978 you submitted a written request for discharge
for the good of the service in lieu of trial by court-martial for
an unauthorized absence of 280 days and failure to obey a lawful
order. Prior to submitting this request you conferred with a
qualified military lawyer who advised you of your rights and
warned of the probable adverse consequences of receiving a
discharge under other than honorable conditions. Your request
was approved by the discharge authority, and you received a
discharge under other than honorable conditions on 28 February
LOTS
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, overall
service, and your unsubstantiated contention that you did not
receive adequate medical treatment for your broken jaw. It found
those factors insufficient to warrant corrective action in your
case.
The Board concluded that your service was properly characterized
as under other than honorable conditions given your lengthy
eriod. of unauthorized absence. In addition, the Board believes
2 dhat considerable clemency was extended to you when your request
for discharge was‘ approved since, by that action, your avoided
the possibility of a Federal conviction, confinement at hard
labor and a punitive discharge. Further, the Board concluded
that you received the benefit of your bargain 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.
SIneCerely,
\Oian al
W. DEAN PFE
Executive Die rt
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