DEPARTMENTOFTHE NAV
BOARD FOR CORRECTION OF NAVAL RECORD
Y
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
CRS
Docket No: 2544-02
9 September 2002
Documentary
llbuddy program".
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 4 September 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
materia.1 considered by the Board consisted of
Board.
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 30 September
1974 at age 18.
specify that you enlisted under the
also reflects that you were an unauthorized absentee from 18
August 1975 to 9 January 1976 and from 14 September 1976 to 25
January 1977, a total of 482 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
periods of absence.
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
It appears that your
consequences of accepting such a discharge.
request was granted and,
spared the stigma of a court-martial conviction and the potential
penalties of a
The record clearly shows that on 28 March 1977 you received an
The enlistment contract in the record does not
The record
as a result of this action, you were
punithre discharge and confinement at hard labor.
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 the contention that your enlistment contract was voided when
you were not enlisted under the
"buddy system".
Board concluded that these factors were not sufficient to warrant
recharacterization of your discharge given your request for
discharge to avoid trial for unauthorized absences totalling
about 16 months.
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, you
escaped the possibility of confinement at hard labor and a
punitive discharge.
Further, the Board concluded that you
received the benefit of your bargain when your request for
discharge was granted and should not be permitted to change it
now.
and you have provided no
enlisted under the buddy program,
evidence to support this contention.
that your discharge was proper as issued and no change is
warrantesd.
Accordingly, your application has been denied.
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.
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.
In this regard, there is no evidence in the record that you
You are entitled to have the
However, the
The Board thus concluded
The
Sincerely,
W. DEAN PFEIFFER
Executive Director
2
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