DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7O1S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
CRS
Docket No: 1915-13
11 April 2014
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 11 December 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 material error or injustice.
The Board found that you enlisted in the Navy on 19 June 1978. ©
it appears that you requested an other than honorable discharge
for the good of the service to avoid trial by court-martial for
two periods of unauthorized absence totaling 459 days. You
received a discharge under other than honorable conditions on 21
October 2008 pursuant to your request for 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.
In its review of your application the Board carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service, but found these factors insufficient
to warrant corrective action in your case. The Boar concluded
that your service was properly characterized as a discharge
under other than honorable conditions. In addition, the Board
believed that considerable clemency was extended to you when
your request for discharge was approved. Further, the Board
concluded that you received the benefit of your bargain when
your request for discharge was granted. 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,
Te BSS (a
ROBERT D. ZSALMAN
Acting Executive Director
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