DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BIG
Docket No: 6317-13
17 June 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 17 June 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.
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
21 May 1989. You received nonjudicial punishment for an
unauthorized absence (UA) totaling eight days. You then
requested a discharge under other than honorable (OTH)
conditions for the good of the service to avoid trial by court-
martial for a UA period totaling 47 days. 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 14 December
1930, 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. .
The Board, in its review of your entire record, carefully
considered all potentially mitigating factors, such as your
youth, remorse, allegation that you were the victim of racism,
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 UA
periods totaling 55 days 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. The Board was unable to find any
evidence in your record to support your allegation, and you
provide no such evidence. Finally, you are advised that no
discharge is automatically upgraded due merely to post service
good conduct or the passage of time. In view of the above, 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,
S
ROBERT D. ALMAN
Acting Executive Director
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