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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