DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
CRS
Docket No: 7202-12
26 June 2013
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 19 June 2013. 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.
The Board found that you enlisted in the Navy on 13 December
1977. You received nonjudicial punishment on three occasions for
offenses that included disorderly conduct, failure to obey a
regulation, drunk and disorderly conduct, failure to obey a
lawful order, and disrespect.
On 18 March 1981 you submitted a written request for discharge
for the good of the service in lieu of trial by court-martial for
an unauthorized absence of 202 days. Prior to submitting this
request you conferred with a qualified military lawyer who
advised you of your rights and warned of the probable adverse
consequences of receiving a discharge under other than honorable
conditions. Your request was approved, and you received a
discharge under other than honorable conditions on 2 April 1981.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and mental
problems. It found these factors insufficient to warrant
corrective action in your case given your extensive disciplinary
record and the serious nature of the misconduct which resulted in
your discharge. In addition, the Board believed that
considerable clemency was extended to you when your request for
discharge was approved since, by that action, you avoided the
possibility of a Federal conviction, confinement at hard labor
and a punitive discharge. 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,
aie
Executive Direc
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