DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 04433-10
2 February 2011
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 2 February 2011. 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 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
17 May 1977. On 15 January 1979, you commenced a period of
unauthorized absence (UA) which lasted 16 days. Your chain of
command took no disciplinary action. On 18 April 1979, you were
convicted by a summary court-martial (SCM) of being in a (UA)
status for 32 days. You were sentenced to forfeitures of $279,
reduction in pay grade, and confinement at hard labor for 45
days. On 27 April 19793, you commenced a period of UA which
lasted 72 days. On 6 September 1979, you commenced a period of
UA which lasted 134 days. You apparently submitted a request for
a good of the service discharge to avoid trial by court-martial
for your periods 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 the good of
service. Your request for discharge was granted and on 2 May
1980, you received an other than honorable 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. At that time you were assigned an
RE-4 reenlistment code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, conduct
and performance, and overall record of service. Nevertheless,
the Board found that these factors were not sufficient to warrant
changing the chardcterization of your service, given your record
of misconduct. The Board also 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,
\ aay
W. DEAN P
Executive Nire@ctor
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