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NAVY | BCNR | CY2013 | NR2651-13
Original file (NR2651-13.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
: ARLINGTON, VA 22204-2490

TJR .
Docket No: 2651-13 -
13 February 2014

 

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 panel will be furnished upon’ request. 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 Boatd found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice. ra os oe

You enlisted in the Navy and began: a period of active duty on 1
June 1979. You served for about two months without disciplinary

‘infraction. However, during the period from 10 August 1979 until

27 March 1980, you were in an unauthorized absence (UA) status on
eight occasions. Although the discharge documentation is not in

your record, it appears that you requested discharge for the good

of the’ service to avoid trial by court-martial. for the foregoing
periods. of UA totalling 127 days. ‘Regulations required that
before’ making such a request, an individual must be advised by |

- military counsel concerning the consequences of such a request.
Since the record shows that you were discharged by reason ef good

of the service to avoid trial on 6 May 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: sexual
harassment due to your sexual preference, Nevertheless, the
Board concluded these factors were not sufficient to warrant.
relief in your case because of the seriousness of your repetitive
and lengthy periods of UA which resulted in your request for
discharge. The Board believed that considerable clemency was

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. Finally, there is no evidence in
the record, and you submitted none, to support your assertion. ©
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,
© Rene) font nan

ROBERT D. ZSALMAN
Acting Executive Director

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