DEPARTMENTOFTHE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
CRS
Docket No: 4442-02
27 November 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 14 November 2002.
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.
Your allegations of error and
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 14 July
1978 and reported to active duty on the same day.
reflects that on 13 December 1978 you received nonjudicial
punishment for an unauthorized absence of six days.
The record
The record also shows you were an unauthorized absentee from 9
January 1979 to 16 July 1981, a total of 935 days.
request for discharge is not in your record, it appears that you
subsequently requested an other than honorable discharge in order
to avoid trial by court-martial for the foregoing period of
absence.
The Board 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.
request was granted and,
spared the stigma of a court-martial conviction and the potential
penalties of a punitive discharge and confinement at hard labor.
The record clearly shows that on 13 August 1981 you received an
as a result of this action, you were
Although the
It appears that your
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
potentially mitigating factors,
such as your youth and immaturity
and good postservice conduct.
However, the Board concluded that
these factors were not sufficient to warrant recharacterization
of your discharge given your request for discharge to avoid trial
for unauthorized absence of more than two years and the
nonjudicial punishment.
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.
issued and no change is warranted.
has been denied.
will be furnished upon request.
Accordingly, your application
The names and votes of the members of the panel
The Board believed that considerable
The Board concluded that your discharge was proper as
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
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