DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TJR :
Docket No: 5588-13
6 dune 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 3 June 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. “8 ese 8 we oo
You ‘enlisted in the Naval Reserve and began a period of active
duty on 28 February 1979. About five months later, on 30 July
1979, you received nonjudicial punishment (NJP) for a five day
period of unauthorized absence (UA).
During the period-from 3 October 1979 to 24 June 1980, you were
in a VA status on three more’’oc¢asions. Aithough the discharge
documentation is mot in your record, it appears that you
requested discharge for the good of the service to avoid trial by
court-martial for the foregoing periods of UA totalling 236 days.
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 shows that you
were discharged by reason. of good ‘of the service to avoid trial
on 14 August 1980, 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 entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to upgrade your discharge and assertion of being lied
to by a recruiter. Nevertheless, the Board concluded these.
factors were not sufficient to warrant recharacterization of your
discharge because of your repeated and lengthy periods of UA
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 assertion. 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,
eS F-—
ROBERT D. ZSALMAN
Acting Executive Director
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