DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
X
2 NAVY ANNE
S
WASHINGTON DC 20370-510
0
Docket No: 2960-01
19 October 2001
This is in,reference to your application for correction of your
naval record pursuant to the provisions of Title 10, United
States
Codei Section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 16 October 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.
Your record reflects that during the period from
The Board found you enlisted in the Navy on 29 December 1978 at
the age of 17.
9 May to 27 November 1979 you received nonjudicial punishment
(NJP) on five occasions for a failed personnel inspection, four
periods of absence from your appointed place of duty, four
specifications of failure to obey a lawful order, two
specifications of disrespect,
peace, failure to pay just debts,
two specifications of breach of
and communicating a threat.
Your record further reflects that on 14 December 1979 you began a
795 day period of unauthorized absence (UA) that was not
terminated until 15 February 1982.
written request for an undesirable discharge in order to avoid
trial by court-martial for the foregoing period of UA.
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.
was directed to issue you an other than honorable discharge by
Your request was granted and your commanding officer
Subsequently, you submitted a
Prior to
reason of the good of the service.
As a result of 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.
honorable discharge.
On 20 May 1982 you were issued an other than
The Board, in its review of your entire record and application,
carefully considered all mitigating factors, such as your youth
and immaturity and good post service conduct.
found the evidence and materials submitted were not sufficient to
warrant recharacterization of your discharge given the
seriousness of your repetitive misconduct, which resulted in five
NJPs, your lengthy period of UA,
and your request for discharge
to avoid trial for this offense.
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.
been denied.
Accordingly, your application has
However, the Board
The Board believed that
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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