DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 11881-10
2 August 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 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 18 June
1989. Your record is incomplete, but 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
unauthorized absence (UA) totaling 1,162 days. You would have
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 1 February 1993, 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
remorse. 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 three
years and request for discharge. Furthermore, the Board
pelieved 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,
\y
W.
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