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NAVY | BCNR | CY2002 | 03229-02
Original file (03229-02.rtf) Auto-classification: Denied
                           DEPARTMENT OF THE NAVY
 BOARD FOR CORRECTION OF NAVAL RECORDS
                                              2 NAVY ANNEX
                                    WASHINGTON DC 20370-5100
TRG
 Docket No: 3229-02
28 March 2003





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 23 March 2003. 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.

You were commissioned an ensign in the Supply Corps on 20 July 1992. You then served in an excellent manner for over seven years. During this period you were promoted to lieutenant and were awarded three Navy and Marine Corps Achievement Medals and a Navy and Marine Corps Commendation Medal.

On 30 March 2001 you pled guilty at a general court-martial, in accordance with a pretrial agreement, to an unauthorized absence (UA) of about 144 days, continuing to accept pay and allowances while in an unauthorized absentee status, and endeavoring to impede an investigation. The court sentenced you to 60 days confinement, forfeiture of all pay and allowances and dismissal from the service. The confinement and forfeitures were suspended in accordance with the pretrial agreement. On 7 December 2001 you were dismissed.

In its review of your application the Board carefully weighed all potentially mitigating factors, such as your dissatisfaction with your duty assignment, and marital and physical problems. You contend, in effect, that these problems caused you to make an irrational decision to go UA when your request to resign was disapproved. You desire recharacterization of your discharge so that you can obtain treatment for your medical problems by the Department of Veterans Affairs. In support of your request, you have submitted an affidavit from your commanding officer wherein he noted that you made an error in judgment, but recommended that your previously disapproved resignation be approved, in lieu of referral to a court-martial.





The Board found that these factors and contentions were not sufficient to warrant recharacterization of your discharge or to change the reason for the discharge given your lengthy period of unauthorized absence and other misconduct. The Board concluded that the discharge was proper as issued and no change is warranted. The Board noted that you plead guilty to the charges in exchange for suspension of the confinement and forfeiture portion of your sentence and you have received the benefits of your bargain.

Accordingly, your application has been denied. 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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