DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SUN.
Docket No: 00932-11
2 November 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 1 November 2011. Your allegations of error and
injustice were reviewed in accordance with administrative |
regulations and procedures applicable to the proceedings of chis
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
injustice.
You enlisted in the Navy and began a period active duty on
4 August 1970. The Board found that although your record is
incomplete, on 17 September 1972, you were convicted by summary
court-martial (SCM) of six days of unauthorized absence (UA).
Additionally, it appears you submitted a written request for an
undesirable discharge for the good of the service in order to
avoid trial by court-martial for two periods of UA totaling
56 days. Prior to submitting this request for discharge, you
would have conferred with a qualified military lawyer, been
advised of your rights, and warned of the probable adverse
consequences of accepting such a discharge. Tt also appears that
your request for discharge was granted since you received an
undesirable discharge in lieu of trial by court-martial on
' 92 January 1973. As a result of this action, you were spared the
stigma of a court-martial conviction and the potential penalties
of a punitive discharge ana confinement at hard labor.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and record
of service. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
given your SCM conviction and request for discharge to avoid
trial for periods of VA totaling 56 days. 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. 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,
W. DEAN F
Executive regtor
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