DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TUR
Docket No: 518-13/
62-13
24. October 2013
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 16 October 2013. 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 material error or
injustice.
You enlisted in'the Navy and began a period of active duty on 9
May 1972. You served for about a year and four months without
disciplinary incident, however, during the period from 15
September to 17 October:.1973, you received nonjudicial punishment
(NOP) on:two occasions-..and were convicted by civil authorities.
Your offenses were three specifications of disobedience, using
provoking speech or gestures, driving an unsafe vehicle, and
reckless driving: You also broke ‘restriction’ and were in an
unauthorized absence (UA) status: for 31 days
As a result of the foregoing period of UA, you submitted a
written request for an other than honorable discharge in order to
avoid trial by court-martial. 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. -Subsequently, your
request was granted and the commanding officer was directed to
issue you an other than honorable discharge by reason of the good
of the. service. 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 13
December 1973 you were issued an other than honorable discharge.
The Board, in its review of your entire record and application
carefully weighed all potentially mitigating factors, such as
your desire to upgrade your discharge and assertions that you
were experiencing personal problems which resulted in your period
of UA and that you were not afforded legal counsel at the time of
your discharge. Nevertheless, the Board concluded these factors
were not sufficient to warrant recharacterization of your
discharge because of the seriousness of your repetitive
misconduct which resulted in two NJPs and a conviction by civil
authorities, and your lengthy period of UA which resulted in your
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 you should
not be permitted to change it now. Finally, the record reflects
documented evidence that is contrary to your assertions.
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,
W. DEAN PFETRF
Executive DkvYector
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