DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BJG
Docket No: 1854-10
10 November 2010
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 ef 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 9 November 2010. 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 ~olicues .
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 entered active
duty in the Navy on 24 September 1972. You received
nonjudicial punishment for unauthorized absence (UA) and
breaking medical quarantine. You requested an other than
honorable (OTH) discharge for the good of the service to avoid
trial by court-martial for two periods of UA totaling 176 days.
At that time, you consulted with qualified military counsel and
acknowledged the adverse consequences of receiving such a
discharge. The separation authority approved your request for
an OTH discharge. On 28 April 1975, you were separated with an
OTH discharge for the good of the service to avoid 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.
The Board, in its review of your entire record, carefully
considered all potential mitigation, such as your youth and
personal problems. Nevertheless, the Board concluded that
these factors were not sufficient to warrant recharacterization
of your discharge due to your UA'’s totaling over five months.
Furthermore, the Board believed that considerable clemency was
extended to you,when your request for discharge to avoid trial
py court-martial was approved. It was also clear to the Board
‘wthat you veceived the benefit of your bargain with the Navy
, when your request’ for discharge was granted and should not be
permitted to change it now. In view of the above, your
application has been denied. The names and votes of the
members of the panel will be furnished upon request.
Tt i8Yyegretted¥hat 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 eftieiel
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. D
EAN PFEIFFER
Executive Direct
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