DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5700
BUG
Docket No: 10911-10
21 July 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 21 July 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 enlisted in the Navy and entered active duty on 26 November
1976. You received nonjudicial punishment and were convicted
by a summary court-martial. Your offenses included failure to
obey a lawful order and a three day period of unauthorized
absence (UA). In September 1977, you requested a discharge
under other than honorable (OTH) conditions for the good of the
service to avoid trial by court-martial for two periods of UA
totaling 42 days, using provoking language, communicating a
threat (two specifications), assault, violating a general
regulation, and failure to obey a Lawful order. 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 13 October 1976, 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.
Nevertheless, the Board concluded that these factors were not
sufficient to warrant recharacterization of your discharge due
to your numerous acts of serious misconduct and request for
discharge. 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,
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