DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 06549-10
11 March 2OLL °
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 9 March 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 reenlisted in the Navy on 11 September 1975, after honorably
serving over three years. On 13 December 1976, you received
nonjudicial punishment (NUP) for failure to obey a lawful order.
On 7 May 1977, you received NUP for failing to go to your
appointed place of duty. On 18 May 1977, you received NUP for
being absent from your unit, willful disobedience of a superior
commissioned officer, three incidents of willful disobedience of
a petty officer, damaging military property, and being drunk and
disorderly. On 20 June 1977, you received NUP for willful
disobedience of a superior commissioned officer. On 21 July
1977, you commenced a period of unauthorized absence (UA) that
lasted 193 days. You requested a good of the service discharge
in order to avoid trial by court-martial for the lengthy period
of UA. Prior to submitting this request for discharge, you
conferred with a qualified military lawyer, were advised of your
rights, and were warned of the probable adverse consequences of
accepting such a discharge. Your request for discharge was
granted and on 14 March 1978, you received an other than
honorable discharge in lieu of 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 application, carefully weighed
all potentially mitigating factors, such as your youth, and prior
honorable service. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of your
discharge because of your four NUJP'’s, UA totaling over six
months, and request for discharge. The Board believed that
iconsiderable clemency was extended to you when your request for
discharge 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 should not be permitted to
change it now.* Further, you are advised that there is no
provision in the law or Navy regulations that allows for
recharacterization of your discharge automatically due solely to
the passage of time. 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,
\y |
W
| DEAN PFEIRF
Executive Dil r
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