DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
ELP
Docket No. 8472-00
4 April 2001
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 for the Board for Correction of Navy Records,
sitting in executive session, considered your application on 2 May 2001.
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.
You enlisted in the Navy on 20 August 1974 for four years at age 18 and
served five months without any disciplinary infractions. However, during
the 18 month period from January 1975 to June 1976, you received four
nonjudicial punishments (NJP) for four periods of unauthorized absence
(NJP) totalling about 20 days and absence from your appointed place of
duty. You were advanced to LCPL (E-3) on 1 September 1976.
On 18 November 1976 you were reported UA again and remained absent until
you were apprehended by civil authorities and returned to military
jurisdiction on 25 April 1977.
On 16 May 1977 you submitted a request for discharge under other than
honorable condition for the good of the service to escape trial by court-
martial for the foregoing 158 day period of UA. 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. A staff
judge advocate reviewed your request and found it to be sufficient in law
and fact. On 31 May 1977, the discharge authority directed discharge under
other than honorable conditions. You were so discharged on 3 June 1977.
In its review~ of your application the Board carefully weighed all
potentially mitigating factors such as your youth and immaturity, limited
education, and the fact that it has been nearly 24 years since you were
discharged. The Board noted your contention to the effect that your
prolonged period of UA was due to a divorce and the hardship it caused. The
Board concluded that the foregoing factors and contention were insufficient
to warrant recharacterization of your discharge given your record of four
NJPs and the fact that you requested discharge rather than face trial by
court-martial for a prolonged period of UA of more than five months. While
your marital problems were unfortunate, you provide no evidence of any
circumstance which prevented you from returning to military control prior
to being apprehended. The Board believed that considerable clemency was
extended to you when your request for discharge to avoid trial by
court—martial was approved 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 with the
Navy when your request for discharge was granted and you 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,
W. DEAN PFEIFFER
Executive Director
2
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