DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
FC
Docket No: 10190—02
28 April 2003
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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 23 April 2003. Your
allegations of error and 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.
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 12 April 1994 at age 26.
On 8 December 1994, you commenced a period of unauthorized absence from
which you returned on 4 April 1995. On 2 May 1995, you were diagnosed with
a personality disorder.
On 3 May 1995, you requested an administrative discharge under other than
honorable conditions to escape trial by court martial for the foregoing
118-day period of unauthorized absence. 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. On 11 May 1995 the discharge authority
approved your request and directed discharge. As 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. On 23 May 1995, you were issued another other honorable
discharge.
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. However, the
Board found that these factors were not sufficient to warrant
recharacterization of your discharge given your lengthy period of
unauthorized absence and especially your request for discharge to avoid
trial for this offense. 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
noted that you received the benefit of your bargain with the Navy when your
request for discharge was granted and should not be permitted to change it
now. 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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