DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 8. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 2597-14
27 March 2015
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 in a 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
13 July 1987. On 15 June 1988, you submitted a written request
for an other than honorable (OTH) discharge in order to avoid
trial by court-martial for malingering. Prior to submitting this
request for discharge, you conferred with a qualified military
lawyer, were advised of your rights, and warned of the probable
adverse consequences of accepting such a discharge. On 27 June
1988, medical personnel found that you were mentally responsible
for your actions and capable of understanding the nature of the
administrative procedures. Subsequently, your request for
discharge was granted and on 14 July 1988 you received an OTH
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, post service accomplishments and desire
to upgrade your discharge. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge given your request for discharged. 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. -
Sincgrely.
ROBERT J. O’NEILL
Executive Director
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