DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 11829-10
2 August 2011
This igs 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 2 August 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 4 May 1981.
You received nonjudicial punishment on three occasions for
hindering an investigation, making a false official statement,
and two periods of unauthorized absence (UA). On 2 April 1984,
you 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 UA totaling more than 62 days and
malingering. 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 4 June 1984, 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 and
current desire to upgrade your discharge. Nevertheless, the
Board concluded that these factors were not sufficient to
warrant recharacterization of your discharge due to your UA
periods which totaled more than two months 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 automatically 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 ali 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,
Wea
W. DEAN PF
Executive ctor
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