DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TJR
Docket No: 2980-01
19 October 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 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.
On 25 October 1973 you began another period of UA.
On 11
you were convicted by civil
Your record reflects that during the period from 8
The Board found you enlisted in the Navy on 13 March 1972 at the
age of 18.
January to 30 May 1973 you received nonjudicial punishment (NJP)
on five occasions for a six day period of unauthorized absence
(UA) and four periods of absence from your appointed place of
duty.
December 1973, while in a UA status,
authorities of larceny and sentenced to confinement for 10 days.
Although military authorities were notified that you should be
picked up upon completion of the sentence to confinement, they
did not do so and you remained UA until 30 April 1974 when you
were apprehended by civil authorities after being in a UA status
for 189 days.
Subsequently, on 7 June 1974, you submitted a written request for
an undesirable discharge in order to avoid trial by court-martial
for the foregoing period of UA.
Your record shows that 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
Your request was granted and your commanding officer
discharge.
was directed to issue you an other than honorable discharge by
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 11 July 1974 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, good post service conduct, and your contention
that you would like your discharge changed because you are in
dire need of assistance to care for your family.
Board found the evidence and materials submitted were not
sufficient to warrant recharacterization of your discharge given
the seriousness of your repetitive misconduct in both the
military and civilian communities,
your request for discharge to avoid trial for this offense.
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,
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.
your lengthy period of UA, and
The
However; the
you escaped the possibility
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
2
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