DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
FC
Docket No: 06542-02
24 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 15 January 2003.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
of your application,
support thereof, your naval record and applicable statutes,
regulations and policies.
Documentary material considered by the Board consisted
together with all material submitted in
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 20 June 1978 at
age 17.
The record shows that you were an unauthorized absentee from 25
April 1979 through 15 April 1980, a period of 351 days.
Although
the request for discharge is not in your record, it appears that
you subsequently requested an other than honorable discharge in
order to escape trial by court-martial for the foregoing period
of absence.
request, and in accordance with applicable directives, you
conferred with a qualified military lawyer, at which time you
were advised of your rights an 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 Board presumed that prior to submitting this
as a result of this action, you were
It appears that your
The record clearly shows that on 5 June 1980, you received an
other than honorable discharge for the good of the service to
escape trial.
However, the Board concluded that
In its review of your case, The Board carefully weighed all
potentially mitigating factors, such as your youth and
immaturity and the length of time that has passed since you were
discharged from the Navy.
these factors were not sufficient to warrant recharacterization
of your discharge given your request for discharge' to avoid
trial for an unauthorized absence of more than eleven months.
The Board believed that considerable clemency was extended to
you when your request for discharge to avid trial by
court-
martial was approved since, by this action, you escaped the
possibility of confinement at hard labor and a punitive
discharge.
benefit of your bargain when your request for discharge was
granted and should not be permitted to change it now.
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.
Further, the Board concluded that you received the
The Board
It is regretted that the circumstances of your case are such
that favorable action cannot be taken.
the Board reconsider its decision upon submission of new and
material evidence or other matter not previously considered by
the Board.
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.
You are entitled to have
In this regard,
Sincerely,
W. DEAN PFEIFFER
Executive Director
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