DEPARTMENT OF THE NAVY
BOAR6 FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
CRS
Docket No: 173-02
12 December 2002
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 11 December 2002.
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 Navy on 15 September
1976 after more than five years of prior active Army service.
You served without incident until 22 May 1978, when you submitted
a written request for an other than honorable discharge in order
to avoid trial by court-martial for an unauthorized absence of
301 days.
Prior to submitting this request you conferred with a
.were advised of your
qualified military lawyer at which time you
rights and warned of the probable adverse consequences of
accepting such a discharge.
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.
than honorable discharge on 7 June 1978.
In its review of your application the Board carefully weighed all
potentially mitigating factors,
such as your youth and personal
problems.
However, the Board found that these factors were not
sufficient to warrant recharacterization of your discharge given
your request for discharge to avoid trial for an unauthorized
You received an other
The Board believed that considerable
absence of ten months.
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
Further, the Board concluded that you
punitive discharge.
received the benefit of your bargain when your request for
discharge was granted and should not be permitted to change it
Therefore, the Board concluded that no change to the
now.
discharge is warranted.
Accordingly, your application has been
The names and votes of the members of the panel will be
denied.
furnished upon request.
It is regretted that the circumstances of your case are such that
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.
You are entitled to have the
Sincerely,
W. DEAN PFEIFFER
Executive Director
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