DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
ES
Docket No: 5411-14
2 June 2015
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
20 May 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
25 May 1976. You served for about one year and four months
without disciplinary incident, but during the period from
17 September 1977 to 24 June 1981, you received 10 nonjudicial
punishments (NJP) for various periods of unauthorized absences,
failure to obey a lawful order, sleeping on watch, and
disobeying a lawful order. You were convicted by summary court-
martial (SCM) fora period of unauthorized absence, totaling 49
days.
It appears that you requested discharge for the good of the
service to avoid trial by court-martial for the foregoing period
of UA totaling 380 days. Regulations required that before
making such a request, an individual had to be advised by
military counsel concerning the consequences of such a request.
Since the record shows that you were discharged by reason of
good of the service to avoid trial on 13 August 1981, the Board
presumed that the foregoing occurred in your case. Because you
requested discharge in lieu of trial, you avoided the
possibility 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 desire to upgrade your discharge. Nevertheless, the board
concluded these factors were not sufficient to warrant an
upgrade of your discharge because of your lengthy period of UA
which resulted in your request for discharge. The Board
believed that considerable clemency was extended to you when
your request for discharge was approved since, by this action,
you escaped the possibility of confinement at hard labor and a
punitive discharge. The Board further 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.
Sincerely,
ROBERT J. O’NEILL
Executive Director
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