DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
ELP
Docket No. 3182-01
31 August 2001
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c
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.
considered your application on
Your allegations of error and injustice were
A three-member panel of the Board for Correction of Navy Records,
sitting in executive session,
29 August 2001.
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.
’
After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Navy on 22 September 1971 for four years at
age 19.
Your records reflects that after recruit training, you
and were assigned to the USS OKLAHOMA CITY and subsequently
advanced to SN.
under instruction on 22 May 1973.
You reported to GM
lVA1l School for temporary duty
You were reported as an unauthorized absentee (UA) from 4 June to
13 July and again from and 4 September to 30 October 1973. On
16 November 1973 you submitted a request for an undesirable
discharge for the good of the service to escape trial by
martial for the foregoing two periods of UA totalling about 95
Prior to submitting this request, you conferred with a
days.
qualified military lawyer at which time you were advised of your
rights and warned of the probable adverse consequences of
accepting such a discharge.
authority approved your request and directed an undesirable
discharge for the good of the service.
On 11 December 1973 the discharge
You were so discharged on
court-
Your DD Form 214 shows that you were entitled
14 December 1973.
to the Vietnam Service Medal, presumably for service on board the
USS OKLAHOMA CITY.
On 2 November 1979 the Naval Discharge Review Board denied your
request for an upgrade of your discharge.
The Board believed that considerable clemency was
In its review of your application the Board carefully weighed all
potentially mitigating factors such as your youth and immaturity,
Vietnam service, and the fact that it has been nearly 28 years
since you were discharged.
The Board noted your contention to
the effect that you had become alcohol and drug dependent while
you were overseas and were not offered any treatment at the time.
The Board concluded that the foregoing factors were insufficient
to warrant recharacterization of your discharge given the fact
that you accepted discharge rather than face trial by
court-
martial.
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.
benefit of your bargain with the Navy when your request for
discharge was granted and you should not be permitted to change
it now.
record nor by any evidence submitted in support of your
application.
proper and no change is warranted.
has been denied. The names and votes of the members of the panel
will be furnished upon request.
Your contention is neither supported by the evidence of
Further, the Board concluded that you received the
The Board thus concluded that your discharge was
Accordingly, your application
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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