DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL |
Docket No: 3856-13
19 March 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 12 March 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 Board found the evidence. submitted was insufficient
to.establish the existence of probable mate eheL error or
“injustice.
you reenlisted in the Navy on 20 January 1989 after more than
five years of prior honorable service. On 14 August 1990, you
were in an unauthorized absence (UA) status from your unit until
- you surrendered on 27 October.1990, a period of 74 days. On.
.'28 November 1990, you submitted a written request for an other
-than honorable (OTH). discharge in order to avoid trial by court-
martial ‘for the forgoing period of UA. Prior to submitting this
request you conferred with a qualified military lawyer at which |
' time you were advised of your rights and warned of the probable
adverse consequences: of accepting such a discharge. Your —
request was granted and the separation authority’ directed your
OTH discharge. 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. On 30
January:1991 you were discharged under OTH conditions.
The Board, in its review of your entire record and application
carefully weighed all potentially mitigating factors, such as -.
your youth and prior record of service. Nevertheless, the Board
concluded these factors were not sufficient to warrant
-xecharacterization of your discharge given the. seriousness of
‘ your,,misconduct that resulted in a. period of UA lasting over two
“months and request for discharge. The Board believed that
considerable clemency was extended to you when your request for.
discharge to avoid* trial by court-martial was. approved.
Further, the ‘Board 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 provision of law or in Navy regulations that allows
for recharacterization of service due solely to the passage of
time. 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, -
ROBERT D. 2SALMAN . .
Acting Executive Director
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