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__DEPABTMENT OF THE NAVY .. .
BOARD FOR CORRECTION OF NAVAL RECORDS
vo1 8, COURTHOUSE RUAD, SUITE 4o01
‘ARLINGTON, VA,22204-2490
TIR
Docket No: 1805-14
12 December 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.
BR three-member panel of the Board for correction of Naval
Records, sitting in executive session, considered your
application on 9 December 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 oF
injustice. :
you enlisted in the Navy and began a period of active duty on 1
October 1990. You satisfactorily served for about a month before
beginning a period of unauthorized absence (UA) on 9 November
1990. During.this period of UA, that was not terminated until 30
May 1991, you were declared a deserter.
as a result of the foregoing period of UA totalling 203.days, 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 quaiified 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 resuit 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 28 June 1991, you were issued an other than
honorable discharge.
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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, explanation for your
period of UA, and assertion of a diagnosed post-traumatic stress
“. --—“-ayRorder TPTSD). Nevertheless, the Board concludea these fattors™ ° °°
were not sufficient to warrant relief in your case because of the
seriousness of your lengthy period 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. Regarding your assertion of
suffering from PTSD, .the Board noted that the severity of your
misconduct outweighed the mitigations of your post service.
medical assessment of PTSD. 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
within.one year from the date of the Board's decision. 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.
Singeyely,
ROBERT J. O’ NEILL
Executive Director
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