DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 4350-11
16 February 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 8 February 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 October 1972 at age 17. On 4 December 1972, you received
nonjudicial punishment (NJP) for misbehavior as a sentinel.
On 12 April 1973, you received NJP for failure to go to your
appointed place of duty, unauthorized absence (UA) from your
unit and failure to obey a lawful order. On 15 June 1973, you
were UA from your unit for a period of eight days until you were
apprehended by civil authorities on 23 June 1973. On 10 August
1973, you were UA from your unit for a period of three days
until you surrendered on 13 August 1973. During the forgoing
period of UA you were apprehended by civil authorities on
charges of interstate transportation of a stolen motor vehicle.
On 7 September 1973, you submitted a written request for an
other than honorable (OTH) discharge in order to avoid trial by
court-martial for the forgoing UA charges. 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 17 September 1973, you were sentenced to three years
confinement in Federal District Court, Pensacola, Florida.
On 21 September 1973, you were released to civil authorities for
confinement as a result of the theft conviction. On 9 October
1973, your good of the service request was granted and the
commanding officer directed your 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. On 10 October 1973, you were
discharged under OTH conditions.
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 two NUPs, a civil conviction
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,
\Spon’
W. DEAN PF
Executive D ctor
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