DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 3482-11
24 January 2012 —
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 19 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 and began a period of active duty on
16 January 1968 at age 18. You received nonjudicial punishment
(NTP) on four occasions for failure to obey a lawful order, and
three instances of unauthorized absence (UA) from your unit that
totaled 27 days. On 2 April’ 1971 you were convicted by special
court-martial {SPCM) of UA from your unit for a period of 81
days. The sentence imposed was confinement for three months,
reduction in paygrade and a forfeiture of pay. On 26 June 1971
you were UA from your unit for a period of 68 days until you
apprehended by civil authorities in Rockford, Tennessee. You
submitted a written request for an other than honorable (OTH)
discharge in order to avoid trial by court-martial for the ;
forgoing 68 day UA charge. 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. On 26 October 1971,
“your request was granted and you were separated with an OTH
discharge. 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 and application
carefully weighed all potentially mitigating factors, such as
your youth and overall record of service. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge given the seriousness of
your misconduct that resulted in four NUPs, a SPCM, over five
months of UA and 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. The
Board 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, there is no
provision of law or in Navy regulations that allows for
recharacterization of service due solely to the passage of time.
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,
Veet
W. DEAN P
Rxecutive
or
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