DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 10343-10
28 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 28 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 reenlisted in the Navy on 7 March 1974 after more than
three years of honorable service. You received nonjudicial
punishment on two occasions for absence from your appointed
place of duty, and an unauthorized absence (UA) totaling 31
days. There is another four day period of UA in your record
for which no disciplinary action was taken. Your record is
incomplete, but you then requested a discharge under other than
honorable (OTH) conditions for the good of the service to avoid
trial by court-martial for three periods of unauthorized
absence totaling 215 days. You consulted with qualified
re
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 8 April
1980, 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 prior
honorable service, remorse, and character reference letters.
Nevertheless, the ‘Board concluded that these factors were not
Sufficient to warrant reéharacterization of your discharge due
to your periods of UA totaling over eight months. 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 bénefit 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,
Ly Ben
W. DEAN
Txeoutive tor
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