DEPARTMENT OF. THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS.
701 S, COURTHGUSE ROAD, SUITE 1001
TAL
Docket No: 8219-13
17.September 2014
This is in reference to your application for correction of your
naval record pursuant to the provisions of Etthe 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 September 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 reenlisted in the Navy on 12 August 1980 after six years of
prior honorable service. On 14 June 1982 you were convicted by
summary. court-martial (SCM) of five instances of unauthorized
absence (UA) from your unit totaling a period of 39 days
On 17 April 1983, you were UA from your unit until you
surrendered on 20 December 1983, a period of 247 days. Based on
the information currently .contained in your record it appears
that you submitted a written request for an other than honorable
(OTH) discharge in order to avoid trial by court-martial 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 29 March 1984, your request was
granted and you were separated with an OTH discharge Asa
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, prior honorable service, and overall record of
service. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
Given the seriousness ofyour misconduct that resulted in an
. SCM, periods of UA totaling over nine 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,
ROBERT J. O’'NETLL
Executive Director
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