DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
REC
Docket No: 00152-12
26 September 2012
This is in reference to your application for correction of your
naval record pursuant to the provisions ef title 10 or 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 26 September 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.
You enlisted in the Navy on 19 October 1972, at the age of 17.
On 8 February 1974, you received nonjudicial punishment (NJP)
for wrongfully receiving and possessing 32.1 grams of marijuana.
On 19 March 1974, you commenced a period of unauthorized absence
(UA) that lasted 75 days. On 1 July 1974, you commenced a
period of UA which lasted nine days. On 23 July 1974, you
submitted a request for. a good of the service discharge in order
to avoid trial by court-martial for the periods of UA. Prior to
submitting this request for discharge, you conferred with a
qualified military lawyer, were advised of your rights, and were
warned of the probable adverse consequences of accepting such a
discharge. Your request for discharge was granted and on 5
August 1974, you received an other than honorable discharge
(OTH) and a reenlistment code of RE-4 for the good of service to
avoid trial by court-martial. Asa 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 application, carefully weighed
all potentially mitigating factors, such as your youth.
Nevertheless, the Board concluded these factors were not
sufficient to warrant upgrading your characterization of service
because of your NJP, periods of UA totaling over two months, and
request for discharge. The Board believed that considerable
clemency was extended to you when your request for discharge was
approved. The Board also concluded that you received the
benefit of your bargain with the Navy when your request for
discharge was granted and 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,
Lo doo
W. DEAN PFEARKF
Executive Die
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