DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TJR
Docket No; 5235-13
21 May 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 14 May 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 material error or
injustice.
You ‘enlisted in the Navy. and began a period of active duty on 23
May 1980. Your record reflects that on 6 November 1980 and again
on -8 June 1981, you received nonjudicial . punishment (NIP) for a
15 day period of unauthorized absence: (UA) and missing the
movement of your ship. — ; .
During the period from 1 guly, to 3 September 1981 you were again
in a UA status on two occasions for 53 days. Although the
discharge documentation is not in your record, it appears that
in October 1981, you requested discharge for the good of the
service to avoid trial by court-martial for these periods of UA.
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 clearly shows
that you were discharged by reason of good of the service to
avoid trial by court-martial.on 11. January 1982, 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 pre-service and post-service conduct, desire to upgrade your
discharge, and assertion of family, medical, and mental problems.
Nevertheless, the Board concluded these factors were not
sufficient to warrant relief in your case because of the
seriousness of your repetitive misconduct, which presumably
resulted in your request for discharge. The Board believed that
considerable clemency was extended to you when your request for
discharge was approved since, by this action, you escaped the
possibility of confinement 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 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,
ROBERT D. ZSALMAN
Acting Executive Director
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