DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 8460-10
19 April 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 19 April 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 entered active duty in the Navy on 22 April 1977. You
received nonjudicial punishment on two occasions for two
periods of unauthorized absence (UA) totaling 17 days. You
were referred to a special court-martial for 10 periods of UA
totaling over 435 days. 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 UA’s. 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 2 October 1980, you were separated
with a discharge under OTH conditions for the good of the
service to avoid 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 entire record, carefully
considered all potential mitigation, such as your youth,
remorse, and family problems. Nevertheless, the Board
concluded that these factors were not sufficient to warrant
recharacterization of your discharge due to your lengthy
periods of UA. 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 it 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 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
OAS tAL.ce.
Sincerely,
\pNon Gh.
W. DEAN PFEI
Executive Di
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