DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE RD SUITE 1001
ARLINGTON VA 22204-2490
BAN
Docket No: 12308-11
29 November 2012
Records, sitting in executive session, considered your
application on 29 November 2012. 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
and served without disciplinary incident until you were ina
unauthorized absence status from 7 August to 29 September 1990,
totaling 53 days, and missed your ship’s movement. Upon your
apprehension, you were pending a court-martial. In addition, you
were given a mental health evaluation and diagnosed with a severe
personality disorder. However, while you were awaiting court-
martial, you requested, through counsel, to be separated with an
other than honorable (OTH) characterization of service to escape
trial by court-martial. At that time, you acknowledged the
consequences of such a discharge. Your request was granted and
on 9 November 1990, you were separated with an OTH discharge and
an RE-4 reentry code, in lieu of 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.
‘i LAST (i ae
The Board, in its review of his entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, and claim that you were traumatized by hazardous
flight duty and now have post-traumatic stress disorder.
However, the Board concluded that these factors were not
sufficient to warrant recharacterization of your discharge
because of your serious misconduct and request for discharge.
The Board believed that considerable clemency was extended to you
when your request for discharge to avoid trial by court-martial
was approved. The Board concluded that you received the benefit
of your bargain with the Navy when your request for discharge was
granted and you should not be permitted to change it now. The
Board found no evidence in your record to support your claim, and
you provided no such evidence. 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 his 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,
{or W. DEAN PFEIFFER
Executive Director
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