DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 5898-13
12 June 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 4 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.
You enlisted in the Navy an began a period of active duty on
14 September 1984 at age 18. On 14 January 1985, you were in an
unauthorized absence (UA) status from your unit until your were
apprehended by civil authorities in Valparaiso, Indiana, on
14 August 1985, a period of 212 days. Based on the information
currently contained in your record it appears that you submitted
& written request for an other than honorable (OTH) discharge in
order to avoid trial by court-martial for the foregoing period
of UA. Prior to submitting this request you would have
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. On 12 September
1985, your request was granted and you were separated with an
OTH discharge. 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 and application
carefully weighed all potentially mitigating factors, such as
your youth and overall record of service. Nevertheless, the
Board concluded these factors were not sufficient to warrant
_ recharacterization of your discharge given the seriousness of
your misconduct that resulted ina period of UA totaling over
seven months and 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. The
Board 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
provision of law or in Navy regulations that allows for
recharacterization of service due solely to 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,
| “RAR VS Lee
ROBERT D. ZSALMAN
Acting Executive Director
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