DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
FC
Docket No: 01890-03
8 September 2003
This is in reference to your application on behalf of your late
father for correction of his 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 4 September 2003.
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 late father's 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.
your'father was commissioned in the Navy on
The record reflects that he served well and was
The Board found that
1 February 1957.
promoted to the rank of commander
numerous personal decorations that included the Distinguished
Flying Cross, Air Medal, and Navy Commendation Medal with Combat
‘V.
He received
(CDR; O-5).
II
On 21 November 1974 your father submitted a request for
resignation from the Navy to escape trial by court martial.
The
documents concerning the separation processing and the reason for
his request are not in the record.
Secretary of the Navy accepted your father's request and directed
that he be discharged under other than honorable conditions for
the good of the service.
spared the stigma of a court-martial conviction and the potential
penalties of a punitive discharge and confinement at hard labor.
As a result of this action, he was
On 20 December 1974 the
He was discharged under other than
December 1974.
honorable conditions on 23
In its review of your application,
the Board carefully weighed
all potentially mitigating factors
such as your late father's
outstanding record, his service in Vietnam, and the length of
time that has passed since he was discharged from the Navy.
However, the Board found that these factors were not sufficient
to warrant recharacterization of the under other than honorable
conditions discharge given your father's request to resign for
The
the good of the service to escape trial by court martial.
Board believed that considerable clemency was extended to your
father's request for discharge to avoid trail by court martial
was granted since, by this action,
confinement at hard labor and a punitive discharge.
Further,
The Board concluded that you father received the benefit of his
bargain when his request for discharge was granted, and you
should not be permitted to change it now.
had no way to determine the circumstances concerning the reason
for his request for discharge and you have provided none.
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon
request.
he escaped the possibility of
Finally, the Board
The names and
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
it is important to keep in mind that
the Board.
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,
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