DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No:
24 May 1999
7009-97
.
.
Dear
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
Your allegations of error and
application on 19 May 1999.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Documentary material considered by the Board consisted of
Board.
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 21 March 1973 at
age 18.
The
punishment and were convicted by a special court-martial.
offenses included unauthorized absences totalling two days, use
of marijuana, destruction of government property valued at $817,
operating a vehicle in a reckless manner, and theft of a
government vehicle.
Your military record shows that on 6 June 1975 you submitted a
written request for an undesirable discharge in order to avoid
trial by court-martial for an unauthorized absence of a day,
absence from your appointed place of duty on five occasions,
Your record
incapacitation for duty,
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.
you were spared the
was granted and, as a result of this action,
stigma of a court-martial conviction and the potential penalties
Your record reflects that you received nonjudicial
and breach of the peace.
The Board found that your request
You
of a punitive discharge and confinement at hard labor.
received an undesirable discharge on 17 July 1975.
In its review of your application the Board carefully weighed all
such as your youth and immaturity
potentially mitigating factors,
and the contention that your alcohol abuse caused your
However, the Board found that these factors were not
misconduct.
sufficient to warrant recharacterization of your discharge, given
The Board
the seriousness and frequency of the offenses.
believed that considerable clemency was extended to you when your
request for discharge to avoid trial by court-martial was
you escaped the possibility of
approved since; by this action,
confinement at hard labor and a punitive discharge.
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.
not excuse misconduct.
concluded that no change to the discharge is warranted.
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
It is regretted that the circumstances of your case are such that
You are entitled to have the
favorable action cannot be taken.
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.
Based on the foregoing, the Board
The names and
Further, the
Additionally,
substance abuse does
Sincerely,
W. DEAN PFEIFFER
Executive Director
copy to:
2
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