DEPARTMENT OF THE NAVY
BOARD
F O R CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TRG
Docket No:
9 May 2001
7666-00
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 9 May 2001.
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.
The Board found that you enlisted in the Naval Reserve on 8
February 1982 at age 20 and reported for active duty on that same
day.
unauthorized absence of about seven days.
On 17 May 1982 you received nonjudicial punishment for an
The documentation to support discharge
Subsequently, you were an unauthorized absentee from 16 August to
22 October 1982.
processing is not filed in your military record.
The available
records show that you submitted a written request for a discharge
under other than honorable conditions in order to avoid trial by
court-martial for the foregoing period of unauthorized absence
totaling about 66 days.
submitting this 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.
The Board
found that your request was granted and, 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.
1982.
Regulations required that prior to
You were discharged on 17 December
The Board found that these factors were
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and
contention, in effect, that family problems led to your
unauthorized absences.
not sufficient to warrant recharacterization of your discharge
given the record of misconduct and especially your request for
discharge to avoid trial for the lengthy period of absence.
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,
Further,
of confinement at hard labor and a punitive discharge.
the Board concluded that you received the benefit of your bargain
when your request for discharge was granted and you should not be
permitted to change it now.
discharge was proper as issued and no change is warranted.
The Board concluded that your
The
you escaped the possibility
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
You are entitled to have the
favorable action cannot be taken.
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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