DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
RDZ: ecb
Docket No. 12360-10
18 February 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 15
February 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 on 1 October 1996 for a term of four years.
Unfortunately you only served for slightly more than ten months and
were discharged for misconduct. Specifically on 10 July 1997 you
received nonjudicial punishment for assaulting another Sailor and
a third class petty officer. Over the next few weeks you were an
unauthorized absentee on eleven occasions for which you were about
to be court-martialed. After conferring with a military lawyer you
requested that you be issued an other honorable discharge (OTH) in
lieu of being court-martialed and thereby avoid the very real
possibility of receiving a bad conduct discharge and a period of
confinement at hard labor. Your request was granted but before you
could be discharged you again became an unauthorized absentee.
Consequently you were discharged in absentia with an OTH on 15 August
199:7 .
In its review of your application the Board concluded that due to
your frequent acts of misconduct which occurred over a relatively
brief period of your military service as well as your willingness
to accept an OTH your discharge was proper as issued and should not
be changed now as a matter of clemency. In this regard you received
significant leniency when your request for an OTH was approved.
Accordingly, your application has been denied. The names and votes
of the members of the panel will be furnished upon request.
It igs 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,
W. DEAN PF
Executive Dire&tto
Enclosure
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