DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BJG
Docket No: 9885-10
15 June 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 14 June 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 enlisted in the Navy and entered active duty on 3
January 1973. You received nonjudicial punishment on two
occasions for absence from your appointed place of duty, and
wrongful possession of marijuana. You also missed the movement
of your ship for which no disciplinary action was taken. You
then requested a discharge under other than honorable (OTH)
conditions for the good of the service to avoid trial by court-
martial for six periods of unauthorized absence totaling 33
days, wrongful possession and use of marijuana (two
specifications), and communicating a threat. You 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 11 January 1974, 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,
"Substance abusé issues, medical problems, and character
“reference letter. Nevertheless, the Board concluded that these
factors were not sufficient to warrant recharacterization of
your discharge due to your numerous acts of serious 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 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
injustice.
Sincerely,
ip
W. DEAN PF R
Executive D ebor
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