DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 267-01
25 June 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 of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 19 June 2001.
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
and applicable statutes, regulations,
thereof, your naval record,
and policies.
Your allegations of error and
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.
Your record reflects that on 3 October 1977 you began
Shortly thereafter, on 20
The Board found you enlisted in the Navy on 17 June 1977 at the
age of 19.
a 95 day period of unauthorized absence (UA) that was not
terminated until 9 January 1978.
January 1978, you submitted a written request for an undesirable
discharge in order to avoid trial by court-martial for the
foregoing period of UA.
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.
request was granted and your commanding officer was directed to
issue you an other than honorable discharge for the good of the
service.
of a court-martial conviction and the potential penalties of a
punitive discharge and confinement at hard labor.
1978 you were so discharged.
As a result of this action, you were spared the stigma
Prior to submitting this request, you
Subsequently, your
On 10 February
The Board, in its review of your entire record and application,
carefully considered all mitigating factors, such as your youth
The Board also considered your contention that
and immaturity.
you would like your discharge recharacterized so that you may
seek employment in the postal service.
the evidence and materials submitted were not sufficient to
warrant recharacterization of your discharge given your lengthy
period of UA, and your request for discharge to avoid trial for
this period of UA.
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
The Board believed that considerable clemency
However, the Board found
I request for discharge was granted and you should not be permitted
Accordingly, your application has been denied.
to change it now.
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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