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NAVY | BCNR | CY2003 | 09123-03
Original file (09123-03.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
FC
                                                                        Docket No: 01923-03
                                                                       21 August 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 13 August 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 reenlisted in the Navy on 26 April 2000. You then served without incident until 20 February 2001, when you commenced a period of unauthorized absence that terminated when you surrendered to military authorities on 29 August 2001.

On 30 August 2001 you requested a discharge under other than honorable conditions in order to avoid trial by court-martial for the foregoing 190-day period of unauthorized absence. At that time, you waived the right to confer with a qualified military lawyer.

On 11 September 2001 the separation authority approved your request for discharge for the good of the service to escape trial by court martial. 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.

         On 24 September 2001 you were so discharged under other than honorable conditions.

In its review of your case, the Board carefully weighed all potentially mitigating factors such as your youth and immaturity. However, the Board concluded that these factors were not sufficient to warrant recharcterization of your discharge given your request for discharge to avoid trial by court martial for a lengthy period of unauthorized absence. The Board concluded that you received the benefit of your bargain 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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