DEPARTMENT OF THE NAVY
3ARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
Docket No: 8866-02
18 December 2002
.
This is in reference to your
provisions of title 10 of the
pplication for correction of your naval record pursuant to the
nited States Code, section 1552.
A three-member panel of th Board for Correction of Naval Records, sitting in executive
session, considered your a
lication on 12 December 2002. Your allegations of error and
injustice were reviewed in
applicable to the proceeding of this Board. Documentary material considered by the Board
, together with all material submitted in support thereof, your
rdance with administrative regulations and procedures
applicatio
* consisted of your
a
naval record and applicable tatutes, regulations and policies.
i’.
After careful and
evidence submitted was
injustice.
lrom 16 to 31 October 2000 and 6 November 2000 to 1 January
The Board found that you enlisted in the Navy on 4 May 2000. You were absent without
authority on two occasions,
2001. Upon your return from the second absence, court-martial charges were initiated
against you. You were discharged under other than honorable conditions on 1 February
2001, pursuant to your request for discharge for the good of the service in lieu of trial by
court-martial. As a result of that action , you were spared the life-long stigma of a
conviction by court-martial, and the likely penalties of confinement at hard labor, forfeiture
of pay and allowances, and a. punitive discharge.
The Board noted that alcoholism is not considered a disability under the laws administered by
the Department of the Navy.
separation in lieu of trial by court-martial takes precedence over disability evaluation
processing.
other than honorable
service, and absence of
tha: your service was properly characterized by a discharge under
conditicns, given your disciplinary record, limited period of creditable
In addition, even if it were considered to be a disability, a
signi:%ant matters in extenuation or mitigation.
It concluded
It noted that
‘considerable clemency was granted you when your request for discharge in lieu of trial was
approve.
In view of the foregoing, your application has been denied. The names and votes of the
members of the panel will
Be furnished upon request.
circs.mstances of your case are such that favorable action cannot be
It is regretted that the
taken. You are entitled to have the Board reconsider its decision upon submission of new and
In this regard, it is
material evidence or
important to keep in mind hat 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.
other
natter not previously considered by the Board.
Sincerely,
W. DEAN PFEIFFER
Executive Director
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