DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BUG
Docket No: 4363-13
3 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 1 April 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. In addition, the Board considered the
report of the Naval Discharge Review Board, dated 3 February
1988, a copy of which is attached.
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
27 September 1979. Your record is incomplete, however, you
received nonjudicial punishment for the wrongful use of
Marijuana. You also had a period of unauthorized absence for
which no disciplinary action was taken. 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 would have consulted with qualified military counsel and
acknowledged the adverse consequences of receiving such a -
discharge. The separation authority approved your request for a
discharge under OTH conditions. On 24 August 1983, 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.
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The Board, in its review of your entire record, carefully
considered all potentially mitigating factors, such as your
youth, explanation as‘to why you abused drugs, and current
desire to upgrade-your discharge. Nevertheless, the Board
concluded that these factors were not sufficient to warrant
recharacterization of your 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. 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,
Few kS. i
ROBERT D. ZSALMAN
Acting Executive Director
Enclosure
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