DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TJR
Docket No: 3167-01
26 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 23 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.
paygrade E-l.
On 22 August 1973 you began a 104 day
You were sentenced to a letter
The Board found you enlisted in the Navy on 11 November 1971.
Your record reflects that on 22 May 1973 you were convicted by
special court-martial (SPCM) of two periods of unauthorized
absence (UA) totalling 185 days.
of reprimand, confinement at hard labor for three months, and a
reduction to
period of UA that was not terminated until 3 December 1973.
Shortly thereafter, on 13 December 1973, you submitted a written
request for an undesirable discharge in order to avoid trial by
court-martial for the foregoing period of UA.
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 discharge.
granted and your commanding officer was directed to issue you an
undesirable 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.
Subsequently, your request was
Your record shows
As a
court-
On 4 March 1974 you
However, the Board found the evidence and
The Board, in its review of your entire record and application,
carefully considered all mitigating factors, such as your youth
and immaturity.
materials submitted were not sufficient to warrant
recharacterization of your discharge given the seriousness of
your repetitive and lengthy periods of UA, and your request for
discharge to avoid trial for such an offense.
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.
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.
has been denied.
The Board believed
Further, the Board
Accordingly, your application
The names and votes of the members of the panel will be furnished
upon request.
It is regretted that the circumstances of your
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.
case are such that
Sincerely,
W. DEAN PFEIFFER
Executive Director
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