DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SJN
Docket No: 2473-14
6 April 2015
ear
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the United
States Code, section 1552.
Although your application was not filed ina timely manner, the .
- Board found it-in the interest of justice to waive the statute of
. limitations and-consider your application on its merits. A
three-member panel of the Board for Correction. of Naval Records ;-
sitting in executive session, considered your application on
18 March 2015. 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 enlisted in the Navy and began a period of active duty on
$ February 1995. On 13 March 1996, you submitted a written
request for an other than honorable. discharge in order to avoid
trial by court-martial for 194 days of UA that ended in your
apprehension. Prior to submitting this request for discharge,
you conferred with a qualified military lawyer, were advised of
your rights, and were warned of the probable adverse consequences
of accepting such a discharge. Subsequently, your request for
discharge was granted and, on 27 March 1996, you received an
other than honorable discharge in lieu of trial by court-martial.
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.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as °
your record of service and desire to upgrade your discharge.
- Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge given
your lengthy period of UA. The Board believed that considerable |
clemency was extended to you when your request for discharge was
. approved. The Board also 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.
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 within one year from the date of the Board’s decision.
New evidence is evidence not previously considered by the Board
prior to making its decision in your case. 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.
ROBERT J. O'NEILL
Executive Director
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