DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 06638-10
18 March 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 17 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 enlisted in the Navy on 7 June 1977, at the age of 18. On
12 July 1979, you received nonjudicial punishment (NJP) for eight
incidents of being in an unauthorized absence (UA) status. On
16 July 1979, you commenced a period of UA that lasted 215 days.
You requested a good of the service discharge in order to avoid
trial by court-martial for the last 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 9 May
1980, you received an other than honorable discharge (OTH) for
the good of service to avoid 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.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of your one NUP, UA totaling over seven months, and
request for discharge. The Board believed that considerable
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,
\a Woon
W. DEAN PF
Executive r fo)
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