DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BJG
Docket No: 1808-11
9 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 § 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 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 28 December
1978. You received nonjudicial punishment on eight occasions
for unauthorized absence (three specifications totaling seven
days), missing ship’s movement, disrespect (two
specifications), causing a breach of the peace, wrongful
possession of a weapon, failure to obey a lawful order {two
specifications), absence from your appointed place of duty (six
specifications), and breaking restriction. You then requested
a discharge under other than honorable (OTH) conditions for the
good of the service to avoid trial by court-martial for seven
periods of unauthorized absence totaling 270 days. You
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 21 April 1978, 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 potentially mitigating factors, such as your
youth and current desire to upgrade your discharge to received
veterans’ medical benefits. Nevertheless, the Board concluded
that these factors were not sufficient to warrant
recharacterization of your discharge due to your unauthorized
absence periods which totaled nine months and voluntary 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
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 automatically 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.
Regarding your desire for veterans’ medical benefits, please
contact your local Department of Veterans Affairs office to see
if you are eligible based upon any service connected injuries.
It is regretted that the circumstances of your case are such
that favorable action cannot be taken. You are entitied 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 Doar
W. DEAN P
Executive tor
2
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