DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 8592-10
5 May 2011
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10, 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 27 April 2011. The names and votes of the members
of the panel will be furnished upon request. 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
LnjJUSELGE .
You enlisted in the Navy and began a period of active duty on
1 March 1977 at age 20. On 1 August 1979, you were convicted by
special court-martial (SPCM) of four instances of unauthorized
absence (UA) from your unit for a period totaling 492 days. The
sentence imposed was confinement for 75 days and reduction in
paygrade. On ll October 1979, you were in UA status from your
unit until you were apprehended by civilian authorities in
Alameda, CA, on 18 November 1981, a period of 764 days. Based on
the information currently contained in your record it appears
that you submitted a written request for an other than honorable
(OTH) discharge in order to avoid trial by court-martial for the
foregoing period of UA. Prior to submitting this request you
would have conferred with a qualified military lawyer at which
time you would have been advised of your rights and warned of the
probable adverse consequences of accepting such a discharge.
Your request was granted and you were separated with an OTH
discharge on 11 January 1982. 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 and application
carefully weighed all potentially mitigating factors, such as
your youth and overall record of service. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge given the seriousness of
your misconduct that resulted in periods of UA that lasted over
three years and four months and request for discharge. The Board
believed that considerable clemency was extended to you when your
request for discharge to avoid trial by court-martial was
approved. The Board 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 inj Ueties:.
Sincerely,
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