TAL -
Docket No: 3594-14
6 November 2014
er
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.
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
>@ October 2014. The names and votes of the members of the panel
will be furnished upon request. Your aliegations 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
‘al submitted in support
your application, together with all materi
thereof, your naval record, and applicable statutes, reguiations,
and policies.
ration of the entire
pmitted was insufficient
1 error or
After careful and conscientious conside
record, the Board found the evidence Su
to establish the existence of probable materia
i injustice.
i You enlisted'in the: Navy and began:a period of active auty on
10 November 1986. You served for-six months without disciplinary
9 May to 12 June 1987, you
incident, but during the period frem 7
received nonjudicial punishment (NIP) on two occasions. Your
‘ offenses were unauthorized absence (UA), insubordinate conduct
i and failure to obey a lawful order. Vou submitted a written
i request [or an other than honorable (OTH) discharge in order to
avoid trial py court-martial for two additional periods of UA
totaling over 40 days and.two instances of missing ship’s
movement. Prior tc submitting this request you conferred with a
qualified military lawyer at which time you were advised of your
rights and warned of the probable adverse consequences of
accepting such a discharge. Your request was granted and the
separation authority airected- your OTH discharge. As 4 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. On 24 November 1987 you were
~@ischarged under OTH conditions .
The Board, in its review of your entire record and application
carefully weighed all potentially mitigating factors, such as
your desire Lo upgrade your discharge and assertion that because
you suffered from Pes Planus (flat feet) you should not have been
allowed to enlist in the Navy. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct that
resulted in two Nurs, periods of UA totaling over two months, and
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 should not
be permitted to change it now. Regarding your assertion, the
Board noted that your misconduct outweighed the mitigation of
your Pes Planus condition. 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 im 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 te demonstrate the existence of probable material
error or injustice.
Sincerely
ROBERT J. O'NEILL
Frecutive Director
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