DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 $. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 4060+11
18 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 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 and began a period of active duty on
17 June 1971 at age 19. On 4 November 1971, you received
nonjudicial punishment (NJP) for failure to go to your appointed
place of duty. On 11 January 1972, you were convicted by summary
court-martial (SCM) of unauthorized absence (UA) from your unit
for a period of 27 days. The sentence imposed was 20 days
confinement and reduction in paygrade. On 31 January 1972, you
were in a UA status from your unit for a period of 112 days until
you surrendered on 23 May 1972. On 7 June 1972, you submitted a
written request for an other than honorable (OTH) discharge in
order to avoid trial by court-martial for the forgoing 112 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 30 June 1972, 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 one NUP, a SCM, a 112 day period
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. Finally,
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. 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,
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