DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 SON
Docket No: 00901-1121
27 October 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 25 October 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy and began a period of active duty on
25 June 1985. The Board found that on 30 July 1985, while in
recruit training, you began a period of unauthorized absence (UA)
that lasted 64 days, ending with your apprehension on 2 October
1985. On 18 October 1985, you submitted a written request for an
other than honorable discharge in order to avoid trial by court-
martial for 64 days of UA. Prior to submitting this request for
discharge, you conferred with a qualified military lawyer, were
advised of your rights, and were warned of the probable adverse
consequences of accepting such a discharge. Subsequently, your
request for discharge was granted and on 4 November 1985, you
received an other than honorable discharge in lieu of 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 application, carefully weighed
all. potentially mitigating factors, such as your youth, and
relatively short period of service, post service medical issues,
and contention that you suffered from bipolar disease at the time
of your misconduct. Nevertheless, the Board concluded these
Factors and contention were not sufficient to warrant
recharacterization of your discharge given your misconduct that
resulted in charges being preferred to a court-martial for a
period of UA that lasted over two months, and request for
discharge. The Board believed that considerable clemency was
extended to you when your request for discharge was approved.
The Board also concluded 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. Finally,
concerning your contention, there ig no evidence in the record to
support it, and you submitted no such evidence. Accordingly,
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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