DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1aci
ARLINGTON, VA 22204-2450
TUR
Docket No: 7960-13
12 September 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 26 August 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 ali
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 on 26 August 1971 and immediately began
a period of active duty. You served without disciplinary
incident until 8 November 1972, when you received nonjudicial
punishment {NJP) for missing the movement of your ship anda
seven day period of unauthorized absence (UA).
During the period from 6 March to 5 June 1974, you were in a UA
status on six more occasions. As a result of the foregoing
periods of UA totalling 59 days, on 7 June 1974, 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 2’
June 1974, you were issued an other than honorable discharge.
The Board, in its review of vour entire record and application
carefully weighed agl potentially mitigating factors, such as
your desire to upg#ade your discharge and the passage of time.
Nevertheless; the Board concluded these factors were not
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sufficient té Warrafit recharacterization of your discharge
because of the seriousness of your misconduct and repetitive
‘ periods 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, no discharge is automatically upgraded due
solely to the passage of time. 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.
Sinceyely,
ROBERT J. O'NEILL
Executive Director
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