DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 01686-11
7 November 2011
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 3 November 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 entered active duty service in the Navy on 25 January 1985,
and served without disciplinary incident until 22 May 1985, when
you received nonjudicial punishment (NJP)} for an unauthorized
absence (UA). Shortly thereafter, on 7 June 1985, you received
another NIP for three specifications of UA, and failure to obey a
lawful order. You again went into a UA status from 21 June to 16
- July 1985 and from 27 to 28 July 1985. Therefore, you were
pending a court-martial. However, you requested through counsel,
to be separated in lieu of a trial by court-martial. Your
request was approved and on 10 October 1985, you were separated
with an other than honorable discharge and an RE-4 reenlistment
code. As a result of this action, you were spared the stigma of
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 and application,
carefully weighed all potentially mitigating factors, such as
your youth, claim that your commanding officer recommended an
honorable discharge (unsubstantiated), and mental condition.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your misconduct 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 clear to the
Board that you received the benefit of your bargain with the Navy
when your request for discharge was granted and you 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,
Roan
W. DEAN PF
Executive rector
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