DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
CRS
Docket No: 5024-00
7 February
2001
Your allegations of error and
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 31 January 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.
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 Navy on 14 September
1979 at age 17.
The record reflects that on 29 May 1980 you
received nonjudicial punishment for unauthorized absences
totalling 28 days.
The record also shows that from 9 January 1981 to 2 April 1.981, a
period of 84 days, you were an unauthorized absentee.
You were
also an unauthorized absentee from 9 April 1981 until you were
apprehended on 1 February 1982, a period of 298 days.
While the
request is not in your record,
it is presumed that you submitted
a written request for an other than honorable discharge in order
to avoid trial by court-martial for the foregoing offenses. It
is also presumed that prior to submitting this request and in
accordance with applicable directives, you conferred with a
qualified military lawyer at which time you were advised of your
rights and warned of the probable adverse consequences of
accepting such a discharge.
was granted and,
stigma of a court-martial conviction and potential penalties of a
It also appears that your request
as a result of this action, you were spared the
The record
However, the Board found these factors
punitive discharge and confinement at hard labor.
clearly shows that on 21 May 1982 you received an other than
honorable discharge for the good of the service in order to
escape trial.
In its review of your application the Board carefully weighed all
such as your youth and immaturity
potentially mitigating factors,
and personal problems.
were not sufficient to warrant recharacterization of your
discharge given your request for discharge to avoid trial for
The Board
unauthorized absences totalling more than a year.
believed that considerable clemency was extended to you when your
request to avoid trial by court-martial was approved since by
this action, you escaped the possibility of confinement at hard
Further, the Board concluded
labor and a punitive discharge.
that you received the benefit of your bargain when your request
for discharge was granted and should not be permitted to change
it now.
Therefore, the Board concluded that your discharge was
proper as issued and no change is warranted.
application has been denied.
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.
Accordingly, your
The names and votes of the members
Sincerely,
W. DEAN PFEIFFER
Executive Director
2
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