NAVY
DEPARTMENT OF THE
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAW ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 1220-00
27 June 2000
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 13 June 2000.
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 30 April 1969 at the
age of 20.
Your record reflects that on 30 June 1970 you were
convicted by summary court-martial (SCM) of a 110 day period of
unauthorized absence (UA)
of pay.
and were sentenced to a $200 forfeiture
Your record also reflects
day period of UA that was
apprehended on 4 December
convicted by civil authorities of possession of controlled
substances and stolen property and were sentenced to confinement
for a year.
On 22 October 1975 you began a 217 day period of UA
that was not terminated until 26 May 1976.
that on 30 April 1971 you began a 1,314
not terminated until you were
1974.
On 13 February 1975 you were
Subsequently, you submitted a written request for an undesirable
discharge for good of the service in order to avoid trial by
court-martial for the foregoing two periods of UA totalling
1,531.
qualified military lawyer at which time you were advised of your
rights and warned of the probable adverse consequences of
Prior to submitting this request, you consulted with a
t
Your request was granted and your
accepting such a discharge.
commanding officer was directed to issue you an other than
honorable discharge by reason of the good of the service.
result of this action, you were spared the stigma of a
martial conviction and the potential penalties of a punitive
discharge and confinement at hard labor.
were so discharged.
court-
On 16 July 1976 you
As a
such as your youth and
The Board further considered your contention that it
The Board, in its review of your entire record and application
considered all mitigating factors,
immaturity and your contention that you would like your discharge
upgraded.
has been over 20 years since you were discharged.
However, the
Board found the evidence and materials submitted were not
sufficient to warrant recharacterization of your discharge given
the serious nature of your misconduct in both the military and
civilian communities, your lengthy periods of UA, and your
request for discharge to avoid trial for your misconduct.
Further, 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.
The Board concluded that you received the benefit of
your bargain with the Navy when your request was granted and you
should not be permitted to change it now.
application has been denied.
Accordingly, your
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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