DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 1107-08
12 August 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 6 August 2008. 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.
October 1975. On 13 December 1975 you received nonjudicial
punishment for failure to obey a lawful order and absence from
appointed place of duty.
On 13 July 1977 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 484 days. Prior to submitting this
consequences of receiving an undesirable discharge. Your request
was approved by the discharge authority, and you received an
undesirable discharge on 18 July 1977.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and family
problems. The Board concluded that your service was properly
characterized as an undesirable discharge, given your lengthy
period of unauthorized absence. The Board believes that
considerable clemency was extended to you when your request for
discharge was granted, and you 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 PFE
Executive D
or
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