DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SJN
Docket No: 05822-11
22 March 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 20 March 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 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 October 1978. The Board found that you received three
nonjudicial punishments (NJP’s) for two periods of unauthorized
absence (UA) and two instances of disrespect. On 14 May 1979,
you began a period of UA and were declared a deserter on 15 June
1979. On 9 August 1980, you were apprehended by civil authorities
and found guilty of theft by unlawfully taking and receiving
Stolen property. You were sentenced to eight to 23 months in
jail. On 3 March 1981, 649 days later, your UA period ended. On
30 April 1981, it was directed that you be separated from the
naval service with an other than honorable (OTH) discharge in
lieu of court-martial. You conferred with a qualified military
lawyer, were advised of your rights, and warned of the probable
adverse consequences of accepting such a discharge. On 1 May
1981, your UA period was charged as nonperformance of duty due to
your imprisonment. On 11 May 1981, you received the OTH
discharge for the good of the service in lieu of 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 application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service, and desire to upgrade your discharge. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge because of your misconduct
that resulted in three NJP’s and civil conviction of serious
offenses. The Board believed that considerable clemency was
extended to you when your commanding officer directed your OTH
discharge in lieu of court-martial. The Board also concluded
that you received the benefit of your bargain with the Navy 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,
lo’
W. DI
EAN PFE
Executive D
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