DEPARTMENT OF
THE NAVY
BOARD FOR
CORRECTlO+ OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 962-01
18 July 2001
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
application on 10 July 2001.
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.
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.
The Board found you enlisted in the Navy on 2 August 1972 at the
age of 18.
Your record reflects that during the period from 10
January to 12 December 1973 you received nonjudicial punishment
(NJP) on five occasions for two specifications of absence from
your appointed place of duty,
go to your appointed place of duty,
of your ship.
four specifications of failure to
theft, and missing movement
Your record further reflects that during the period from 24
to 17 December 1974 you received NJP on five more occasions
four periods of unauthorized absence (UA) totalling 34 days
absence from your appointed place of duty.
May
for
and
On 28 February 1975 you received your eleventh NJP for absence
from your appointed place of duty and were awarded extra duty and
restriction for 14 days.
On 25 June 1975 you submitted a written
request for an undesirable discharge in order to avoid trial by
court-martial for three periods of UA totalling 57 days and three
specifications of absence from your appointed place of duty.
Prior to submitting this request, you conferred with a qualified
yo?~ were advised of your rights and
Subsequently, your request was granted and your
military lawyer at which time
warned of the probable adverse consequences of accepting such a
discharge.
commanding officer was directed to issue you an other than
honorable discharge for the good of the service.
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.
On 5 August 1975 you were so
discharged.
As a result of
The Board, in its review of your entire record and application,
carefully considered all mitigating factors, such as your youth
and immaturity and your contention that you have been punished
long enough by not being able to obtain a good job.
Board found the evidence and materials submitted were not
sufficient to warrant recharacterization of your discharge given
the seriousness of your frequent misconduct, your repetitive
periods of UA, and your request for discharge to avoid trial.
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.
application has been denied.
Accordingly, your
However, the
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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