DEPARTMENT OF THE NAV
Y
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 203704100
TRG
Docket No:
13 April 1999
7430-97
Dear
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 6 April 1999.
injustice were reviewed in accordance with administrative
of this
regulations and procedures applicable to the proceedings
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.
Your allegations of error and
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.
At that time you had completed over three years of active
The record shows that you then served until 14 February
The Board found that you reenlisted in the Navy on 1990 for six
years.
service.
1994 with only one nonjudicial punishment for disobedience and
On that date you began a period of unauthorized
drunk driving.
absence which lasted until you were apprehended on 5 May 1994, a
period of about 81 days.
However, the DD Form 214 shows that you were
The documentation to support the discharge processing is not in
your record.
Therefore, the Board
discharged for the good of the service.
assumed that you submitted a written request for an undesirable
discharge in order to avoid trial by court-martial for the 81 day
Regulations require that prior
period of unauthorized absence.
to submitting such a request, you confer with a qualified
military lawyer and be advised of your rights and warned of the
probable adverse consequences of accepting such a discharge.
Board found that when your request was granted you were spared
the stigma of a court-martial conviction and the potential
penalties of a punitive discharge and confinement at hard labor.
The record shows that you were discharged under other than
honorable conditions on 21 June 1994.
The
such as your prior honorable
In its review of your application the Board carefully weighed all
potentially mitigating factors,
service, the period of good service in your second enlistment and
the newspaper article you submitted showing that your wife was
arrested by police on a charge of attempted murder.
in effect, that you only became an unauthorized absentee because
you were improperly denied leave so that you could assist her.
The Board found that these factors and contentions were not
sufficient to warrant recharacterization of your discharge given
your lengthy period of unauthorized absence and especially your
request for discharge to avoid trial.
The Board noted your
personal problems but believed that considerable clemency was
extended to you when your request for discharge to avoid trial by
court-martial was approved since, by this action, you escaped the
possibility of confinement at hard labor and a punitive
discharge.
Further, the Board found that you received the
benefit of your bargain when your request for discharge was
granted and should not be permitted to change it now.
concluded that your discharge was proper as issued and no change
is warranted.
You contend,
The Board
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
The names and
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,
W. DEAN PFEIFFER
Executive Director
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