DEPARTMENT OF THE NAVY
BOARD FOR GORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUJG
Docket No: 6882-10
16 March 2011
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 wf 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 15 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You reenlisted in the Navy on 14 September 1989 after more than
four years of honorable service. On 9 July 1993, you were
referred to a special court-martial for wrongfully paying to
have the orders of a junior female Sailor changed, adultery
(two specifications), fraternization with a student, and
disobeying a lawful order. Your record is incomplete, but it
appears that you then requested a discharge under other than
honorable (OTH) conditions for the good of the service to avoid
trial by court-martial for the offenses listed above. At that
time, you would have consulted with qualified military counsel
and acknowledged the adverse consequences of receiving such a
discharge. The separation authority approved your request for
a discharge under OTH conditions. On 17 August 1993, you were
separated with a discharge under OTH conditions for the good of
the 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 entire record, carefully
considered all potential mitigation, such as your youth, prior
honorable service, combat tour in southwest Asia, and remorse.
Nevertheless, the Board concluded that these factors were not
sufficient to warrant recharacterization of your discharge due
to your serious acts of misconduct. Furthermore, the Board
believed that considerable clemency was extended to you when
your request for discharge to avoid trial by court-martial was
approved. It was also clear to the Board 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 Tt
now. You are advised that no discharge is upgraded due merely
to post service good conduct or the passage of time. In view
of the above, your application has been denied. The names and
votes of the members of the panel will be furnished upon
mequest.
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,
W. DEAN PFI
Executive woagor
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