DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION GF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 10014
-ARLINGTON, VA 22204-2490
M
BUG
Docket No: 4185-13
25 March 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 24 March 2014, 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.
You enlisted in the Navy and entered a period of active duty on
15 December 1986. Your pre-accession urinalysis tested positive
for the wrongful use of marijuana for which no disciplinary
action was taken. You also received nonjudicial punishment for
unauthorized absence and disobeying a lawful order. You then
requested a discharge under other than honorable (OTH)
conditions for the good of the service to avoid trial by court-
martial for an unknown offense or offenses. Prior to submitting
‘this request, you consulted with qualified military counsel and
acknowledged the adverse consequences of. receiving such a
discharge. The separation authority approved your request fora
discharge under OTH conditions. On 15 June 1986, you were
separated with a discharge under OTH conditions for the good of
the service to avoid 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.
The Board, in its review of your entire record, carefully
considered all potentially mitigating factors, such as your
youth, prior honorable service, and current desire to upgrade
your discharge. Nevertheless, the Board concluded that these
factors were not sufficient to warrant recharacterization of.
-gyour discharge due to your acts of misconduct and request for
discharge. Furthermore, the Board believed that considerable
clemency was extended to you when your request for discharge to
avoid trial by court-martial was approved. It was also clear to
the Board 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, you are advised that no
discharge is automatically upgraded due merely to post service
good conduct or the passage of time. In view of the above, 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. ZSALMAN
Acting Executive Director
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