DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DCE 20370-5100
BJG
Docket No: 4783-11
22 February 2012
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 22 February 2012. 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 9 November
1972. You received nonjudicial punishment for two periods of
unauthorized absence (UA) totaling 63 days. You also admitted
to wrongfully using marijuana, lysergic acid diethylamide
(LSD), cocaine, heroin, and sniffing glue and paint on numerous
occasions for which no disciplinary action was taken. You then
requested a discharge under other than honorable (OTH)
conditions for the good of the service to avoid trial by court-
martial for four periods of UA totaling 397 days. Prior to
submitting this request, 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 19 December
1974, 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 allegation that your recruiter told you that you
would be allowed to participate in sports. Nevertheless, the
Board concluded that these factors were not sufficient to
warrant recharacterization of your discharge due to your UA
periods which totaled more than 15 months, drug abuse, 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. Regarding your allegation, you provided no evidence to
support it, and there is no such evidence in your record.
Finally, 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.
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,
a
Executive Dilredttor
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