DEPARTMENT OF THE NAVY
BOARD FOR C O R R E C T I O N O F N A V A L RECORDS
2 N A V Y A N N E X
WASHINGTON DC 2 0 3 7 0 - 5 1 0 0
TRG
Docket No: 6291-02
9 January 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 8 January 2003. Your allegations of error and
injustice were oeviewed 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 enlisted in the Navy on 1 June 1977 at age 18. During 1978
you received nonjudicial punishment and were convicted by a
summary court-martial. The offenses were three periods of
unauthorized absence totaling about 56 days. On 24 September
1979 you were apprehended to terminate an unauthorized absence of
about 64 days.
On 4 February 1980 you began a period of unauthorized absence
that lasted until you surrendered on 20 December 1982. Your
military record shows that you submitted a written request for a
discharge under other than honorable conditions in order to avoid
trial by court-martial for this 1019 day period of unauthorized
absence. Your record also shows that prior to submitting this
request 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. The Board
found that your request was granted on
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. You were
discharged on 21 January 1983.
17 January 1983 and,
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and limited
education. The Board also considered your contention, in effect,
that you were improperly disciplined because you donated a kidney
to your brother. Your separation physical does show that you had
donated a kidney, but this apparently occurred during your
lengthy period of unauthorized absence. Accordingly, the Board
found that these factors and contentions were not sufficient to
warrant recharacterization of your discharge given your record of
misconduct and especially your request for discharge to avoid
trial for a lengthy period of unauthorized absence. 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 you should not be
permitted to change it now. The Board concluded that your
discharge was proper as issued and no change is warranted.
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
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