DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TJR
Docket No: 4945-01
27 December 2001
Dear
_
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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 19 December 2001.
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.
Your allegations of error and
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.
The Board found you enlisted in the Navy on 19 November 1977 at
the age of 17.
Subsequently, it appears that you
Your record reflects that during the period from 18 September
1978 to 16 July 1981 you were in an unauthorized absence WA)
status on three occasions.
submitted a written request for an other than honorable discharge
in order to avoid trial by court-martial for the foregoing three
periods of UA totalling 949 days.
request, you would have conferred with a qualified military
lawyer and been advised of your rights and warned of the probable
adverse consequences of accepting such a discharge.
Presumably
your request was granted and the
comnding officer was directed
to issue you an other than honorable discharge by reason of the
good of the service.
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 record clearly reflects that on 3 September 1981 you were
issued an other than honorable discharge for the good of the
service to escape trial by court-martial.
Prior to submitting this
However, the Board
The Board, in its review of your entire record and application,
carefully considered all mitigating factors, such as your youth
and immaturity and your contention that you thought your
discharge would be automatically upgraded.
concluded these factors and contention were not sufficient to
warrant recharacterization of your discharge given the serious
nature of your frequent and lengthy periods of UA, and your
request for discharge to avoid trial for these offenses.
The
Board 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,
of confinement at hard labor and a punitive discharge.
Further,
the Board concluded that you received the benefit of your bargain
with the Navy when your request for discharge was
should not be permitted to change it now.
discharge is automatically upgraded due to the passage of time.
Accordingly, your application has been denied.
you escaped the possibility
.granted and you
Additionally, no
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,
W. DEAN PFEIFFER
Executive Director
2
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