DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
RDZ:ecb
Docket No. 10603-08
13 August 2009
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 11 August 2009. 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.
You enlisted in the Navy on 25. August 1976 for a term of. four
years. A little less than ten months later you went on
unauthorized absence (UA) for 75 days. While awaiting
disciplinary proceedings for that offense you went on a second
period of UA that lasted 43 days. Upon your return to military
custody and after consulting with a military lawyer you
requested that Navy authorities issue you an other than
honorable discharge (OTH) instead of referring you to trial by
court-martial. Your purpose in making this request was to avoid
having to serve a substantial period of confinement at hard
labor as well as the imposition of a bad conduct discharge.
Your request was granted and on 7 December 1977 you received an
OTH. .
In its review of your application the Board concluded that in
view of your two lengthy UAs, the first of which occurred less
than ten months after enlisting, as well as your request for an
OTH in lieu of court-martial your discharge was proper as issued
and should not be changed now as a matter of clemency. The
Board believed that considerable clemency was shown to you when
your request for.an OTH was granted which allowed you to avoid
the more serious penalties of a court-martial conviction.
Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon
kequest. é
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,
Lo) Drogas
W. DEAN PFEIRF
Executive Dikecbpr
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