DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE ROAD, SUITE 1004
ARLINGTON, VA 22204-2490
TIR
Docket No: 3311-11
13 January 2012
This is in reference to your application for correction of your
naval record pursuant to the provisions of Tatle 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 12 January 2012. The names and votes of the
members of the panel will be furnished upon request. 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 on 28 August 1984 at age 18 and began a
period of active duty. You served without disciplinary incident
until 29 April 1986, when you received nonjudicial punishment
(NIP) for wrongful use of amphetamines and/or methamphetamines.
On 18 September 1986 you were convicted by special court-martial
{(SPCM) of two periods of unauthorized absence (UA) totalling 31
days. so
During the period from 3 October 1986 to 3 September 1997 you
were in a UA status on four occasions and missed the movement of
your ship on two occasions. On three of these occasions were
also declared a deserter. Subsequently, you submitted a written
request for an other than honorable discharge in order to avoid
trial by court-martial for the foregoing periods of UA totalling
3,924 days. Prior to submitting this request you conferred with
a qualified military lawyer at which time you were advised of
your rights and warned of the probable adverse consequences of
accepting such a discharge. Your request was granted and the
commanding officer was directed to issue you an other than
honorable discharge by reason of the good of the service. 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. On 3 October 1997 you
were issued an other than honorable discharge.
The Board, in its review of your entire record and application
carefully weighed all potentially mitigating factors, such as
your youth, post service conduct, and desire to upgrade your
discharge. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of the seriousness of your repetitive, frequent, and
lengthy periods of UA, and drug related misconduct which resulted
in NUP, SPCM, and your request for discharge. The Board believed
that considerable clemency was extended to you when your request
for discharge to avoid trial by court-martial was approved.
Further, the Board concluded 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.
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 ‘P R
Executive rector |
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