D E P A R T M E N T O F T H E N A V Y
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAW ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 3573-99
2 September 1999
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 1 September 1999. 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.
The Board found that you enlisted in the Navy on 27 December 1971
at age 18. Your record reflects that you received two
nonjudicial punishments and were convicted by a special court-
martial. The offenses included unauthorized absence on three
occasions, violation of a lawful general regulation, and absence
from your appointed place of duty on 29 occasions.
Your military record shows that on 19 October 1973 you submitted
a written request for an undesirable discharge in order to avoid
trial by court-martial for absence from your appointed place of
duty on 14 occasions, unauthorized absences totalling six days,
willful disobedience of a lawful order on four occasions, -
dereliction of duty on two occasions, and appearing in an
unclean, torn, faded, and unkempt uniform. Your record also
shows that prior to submitting this request you conferred with a
qualified military lawyer at which time you were advised of your
rights and warned of the probable adverse consequences of
accepting such a discharge. The Board found that your request
was granted and, 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. You
received an undesirable discharge on 28 November 1973.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and immaturity
and limited education. However, the Board found that these
factors were not sufficient to warrant recharacterization of your
discharge, given the frequency of your offenses. In this regard,
the Board noted that in a period of less than two years, you were
the subject of three disciplinary actions and requested discharge
in lieu of another court-martial. The Board also believed that
considerable clemency was extended to you when your request for
discharge to avoid trial by court-martial was appproved since, by
this action, you escaped the possibility of confinement at hard
labor and a punitive discharge. Further, the Board concluded
that you received the benefit of your bargain when your request
for discharge was granted and should not be permitted to change
it now. Based on the foregoing, the Board concluded that no
change to the discharge is warranted. 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 PFEIFFER
Executive Director
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