DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701'S. COURTHOUSE RQAD, SUITE 1001
ARLINGTON, VA 22204-2490 .
_ TIR ——
Docket No: 2630-13
19 February 2014
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 February. 2014. The names and votes of the:
members of the parel will be furnished upon requést. 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. eo ts eG ns * mo
. You enlisted: in the Navy and began a period of active duty on 30
September 1977. You served for about seven months without
disciplinary incident. However, during the period. from 18 April
1978 until’ 6 December 1979, ‘you received nonjudicial punishment
(NJP) on eight occasions for six specifications of disobedience,
a one day period of unauthorized absence (UA), four periods. of
absence from your appointed place of duty, failure to observe -
_ reveille, misbehavior as a sentinel, making a false official
statement, and an unspecified offense,
Although the discharge documentation is: not in your record, it
appears that you réquésted discharge for the’ good of the service
to avoid trial by court-martial for wrongful possession and use
of marijuana. Regulations required that before making sucha .
request, an individual-must be advised by military counsel
concerning the consequences’ of such a request. Since the recor
shows that you were discharged by reason of good of the service
to avoid trial on 16 June-1980, the Board presumed that the
foregoing occurred in your case. Because you requested discharge
in lieu of trial, you avoided the possibility of a punitive
discharge and confinement at hard labor.
The Board, in its review of your record and application,
carefully weighed all potentially mitigating factors, such as
your desire to upgrade your discharge and assertion of post
‘service financial problems. Nevertheless, the Board concluded
these factors were not sufficient to warrant relief in your case
because of the seriousness of your repetitive misconduct which
resulted in eight NJPs, drug abuse, and request for discharge.
The Board believed that considerable clemency was extended to you
when your request for discharge was approved since, by this
action, you escaped the possibility of confinement at hard labor
and a punitive discharge. The Board further 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.
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, °
ROBERT D. ZSALMAN
Acting Executive Director
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