DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 |
CRS
Docket No: 2029-07
5 May 2008
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 16 April 2008. Your allegations of error and
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 20 July 1972.
You had three periods of unauthorized absence of a total duration
of 20 days for which no adjudication is shown in your record.
You were convicted by summary court-marital on 28 February 1973,
the details of which are not contained in your record.
On 13 August 1973 you submitted a written request for discharge
for the good of the service in lieu of trial by court-martial for
an unauthorized absence of 69 days. Prior to submitting this
request you conferred with a qualified military lawyer who
advised you of your rights and warned of the probable adverse
consequences of receiving an undesirable discharge. Your request
was approved by the discharge authority, and you received an
undesirable discharge on 11 september 1973.
such as your youth and belief that you received no legal counsel
prior to requesting discharge for the good of the service. The
Board concluded that your service was properly characterized as
under other than honorable conditions given your repeated acts of
extended to you when your request for discharge was granted, as
martial, being confined at hard labor, and receiving a punitive
discharge. You received the benefit of your bargain and should
not be permitted to change it now. As indicated above, you
consulted with counsel before submitting your request for
discharge.
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.
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,
lo Deas
W. DEAN PFET
Executive Dii
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