DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490 ©
BUG
Docket No: 5564-14
18 September 2014
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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 17 September 2014. 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Navy and entered a period of active duty on
25 September 1974. You received nonjudicial punishment (NUP) on
Lwo occasions for failure to go to your appointed place of duty
(eight instances}, and absence from your appointed place of duty
(two. instances). You then requested a discharge under other
than honorable (OTH) conditions for the good of the service to
avoid trial by court-martial for a 150 day period of
unauthorized absence (UA). Prior to submitting this request,
you consulted with qualified military counsel and acknowledged
the adverse consequences of receiving such a discharge. The
separation authority approved your request for a discharge under
OTH conditions. On 23 April 1976, you were separated with a
discharge under OTH conditions for the good of the service to
avoid 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, carefully
considered all potentially mitigating factors, such as your
pouth, medical issues, and current desire to upgrade your
discharge to receive, veterans’ benefits. Nevertheless, the
Board concluded that these factors were not sufficient to
arrant recharacterization of your discharge due to your two
NJP’s, period of UA that lasted five months, and request for
discharge. Furthermore, the Board believed that considerable
clemency was extended to you when your request for discharge to
pvoid trial by court-martial was approved. _It was also clear to
tthe Board 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. The Board was unable to find
that the Navy failed to provide you with effective leadership.
Finally, you are advised that no discharge is automatically
upgraded due merely to post service good conduct or the passage
of time. In view of the above, your application has been
denied. The names and votes of the members of the panel will be
furnished upon request.
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 or other matter not previously considered by
the Board. 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
Copy to:
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