DEPARTMENTOFTHE NAV
Y
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 5995-02
26 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 19 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 Navy on 1 June 1978.
The record reflects that you had numerous unauthorized absences
from 29 September 1978 to 28 January 1979, totalling 66 days.
Subsequently, on 19 June 1979 you received nonjudicial punishment
for an unauthorized absence of a day,
order, and violation of a lawful regulation.
failure to obey a lawful
Although the 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 an
unspecified offense or offenses.
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.
appears that 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.
The record clearly shows that on 27
The Board presumed that prior
It
July 1979 you received an other than honorable discharge for the
good of the service in order to escape trial.
However, the Board concluded that these factors were
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and
immaturity.
not sufficient to warrant recharacterization of your discharge
given your request for discharge to avoid trial, the numerous
periods of unauthorized absence,
and the nonjudicial punishment.
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.
discharge was proper as issued and no change is warranted.
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
The Board concluded that your
The names and
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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