DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1004
ARLINGTON, VA 22204-2490
REC
Docket No: 00263-12
27 September 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 26 September 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 on 26 August 1977, at the age of 20.
On 28 March 1979, you received nonjudicial punishment (NJP) for
being in an unauthorized absence (UA) status on three occasions
totaling 17 days. On the same day, you received NJP for being
UA for seven days, and missing your ship’s movement. On 28 June
1979, you received NUP for being UA on two occasions totaling 23
days, and missing your ship’s movement. On 19 October 1979, you
received NJP for four incidents of being UA totaling 38 days,
being disrespectful toward a petty officer, failure to obey a
lawful order, and missing your ship’s movement. Your record is
incomplete; however, apparently you submitted a request fora
good of the service discharge in order to avoid trial by court-
martial for an unknown period of UA. Prior to submitting this
request for discharge, you conferred with a qualified military
lawyer, were advised of your rights, and were warned of the
probable adverse consequences of accepting such a discharge.
Your request for discharge was granted and on 28 March 1980, you
received an other than honorable discharge (OTH) and a
reenlistment code of RE-4 for the good of 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 application, carefully weighed
all potentially mitigating factors, such as your youth.
Nevertheless, the Board concluded these factors were not
sufficient to warrant upgrading your characterization of service
given your four NJP's, UA totaling over two months, other
serious misconduct, and request for discharge. The Board
believed that considerable clemency was extended to you when
your request for discharge was approved. The Board also
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,
L) Doo Rt
W. DEAN PFRI
Executive Dir or
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