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NAVY | BCNR | CY2014 | NR1805 14_Redacted
Original file (NR1805 14_Redacted.pdf) Auto-classification: Denied
DEPARTMENT  OF  THE  NAVY 

BOARD  FOR  CORRECT ION  OF  NAVAL  RECOR D S 

70 1  S.  COURTHOUSE  ROAD.  SUIT E  1001 

ARLINGTO N .  VA  22204 - 2490 

TJR 
Docket  No :  1805-J..4 
12  December  2014 

This  is  in  reference  to  your  app~icacion for  corre c~ion  of  your 
naval  record  pursuant  to  the  provisions  of  Title  1 0,  United 
States  Code,  Section  1552 . 

A  chree-member  panel  of  the  Board  for  Correction  of  Naval 
Records,  sitting  in  executive  session,  considered  your 
application  on  9  December  201~ . 
members  of  the  panel  will  be  :urnished  upon  request.  Your 
allegations  of  error  and  injuscice  were  reviewed  in  accordance 
with  administrative  regulations .and  procedur es  applicable  to  the 
proceedings  of  this  Board .  Documentary  material  co~sidered  by 
the  Board  consisted  o:  your  application,  together  with  a:l 
material  submitted  in  support  thereo:,  your  naval  record,  and 
applicable  statutes,  regula~ions,  and  po_icies. 

The  names  and  votes  o=  the 

~:ter care:ul  and  conscien~:ous  cons:dera~ion  of  ~~e  ent:re 
record,  the  Board  found  che  evidence  subm:~tea was  insuf:~cient 
to  establish  the  existence  of  probable  material  error  or 
injustice . 

You  enlisted  in  the  Navy  and  began  a  per:od  of  accive  ducy  on  1 
Occober  1990 .  You  satis:accor~ly  served  :or  about  a  monch  before 
beginning  a  period  of  unauchorized  absence  (UA)  on  9  November 
1990 .  During  this  period  of  UA, 
May  1991,  you  were  declared  a  deserter. 

that  was  not  terminaced  until  30 

As  a  result  of  the  foregoing  period  of  UA  totalling  203  days,  you 
submitted  a  written  request  for  an  ocher  than  honorable  discharge 
in  o r der  to  avoid  trial  by  court-martial .  Prior  to  submitcing 
this  request  you  conferred  with  a  quali:ied  military  lawyer  at 
which  time  you  were  advised  o:  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  chan  honorable  discharge  by 
reason  of  the  good  of  the  service .  As  a  result  of  this  action, 
you  were  spared  the  scigma  o:  a  court-martial  conviccion  and  che 
potential  penalties  of  a  pun~tive  discharge  and  confinemenc  at 
hard  labor .  On  28  June  1991,  you  were  issued  an  ocher  ~han 
honorable  discharge . 

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  as sertion  of  a  diagnosed  post-traumatic  stress 
disorder  (PTSD )  .  Nevertheless,  the  Board  concluded  these  factors 
were  not  suffic ient  to  warrant  relief  in  your  case  because  of  the 
seriousness  of  your  lengthy  period  of  UA  which  re sul ted  in  your 
request  for  discharge.  The  Board  believed  that  considerable 
clemency  was  extended  to  you  when  your  request  fo r  discharge  to 
avoid  trial  by  court- martial  was  approved .  Further,  the  Board 
concluded  that  you  received  the  benefit  o f  your  bargain  with  the 
Navy  when  your  reques t  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  as sessment  of  PTSD.  Accordingly,  your  application  has 
been  denied. 

It  i s  regretted  t hat  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  i mportant  to  keep  in  mind  tha t  a  presumption  of 
regularity  attaches  to  all  official  records.  Consequentl y,  when 
applying  for  a  correction  of  an  o f ficial  naval  record,  the  burden 
is  on  the  applicant  to  demonstrate  the  existence  of  probable 
material  error  o r  injustice . 

Executive  Director 

2 



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