DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
MTN
Docket No: 6830-14
1 July 2015
0: ire,
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 June 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 7
June 1977. During the period from 18 May 1978 to 29 August 1979,
you received six nonjudicial punishment (NJP) on six occasions for
unauthorized absence (UA), disobedience, absence from your
appointed place of duty, missing the movement of your ship,
wrongful use of marijuana, wrongful possession of amphetamines, and
making false official statements.
During the period from 2 June to 18 November 1980, you were in a UA
Status for 169 days. Although the discharge documentation is not
in your record, it appears that you requested separation for the
good of the service to avoid trial by court-martial for the
foregoing period of UA. Regulations required that before making
such a request, a Sailor 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 2 December 1980, 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.
‘fhe Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as your
post service conduct and desire to upgrade your discharge.
Nevertheless, the Board concluded these factors were not sufficient
to warrant relief in your case because of the seriousness of your
repeated misconduct and lengthy period of UA which presumably
resulted in your request for discharge. The Board believed that
considerable clemency was extended to you when your 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. Finally, no discharge is
upgraded due solely to an individual's good post service conduct.
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,
FA
ROBERT J. O'NEILL
xecutive Director
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