DEPARTMENT OF THE NAVY
BOARD FORCORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
CRS
Docket No: 5999-01
6 December 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
Your allegations of error and
application on 28 November 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.
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.
The Board found that you reenlisted in the Navy on 13 March 1964
after five years of prior active service.
that you received two nonjudicial punishments and were convicted
The offenses included unauthorized
by a special court-martial.
absences totalling 254 days.
The record also reflects that during the 1210 day period from 16
you were an unauthorized
April 1968 until 10 August 1971,
absentee.
While the request is not in your record, it is
presumed that you submitted a written request for an undesirable
discharge in order to avoid trial by court-maria1 for the
It is also presumed that prior to submitting
foregoing offense.
this request and in accordance with applicable directives, you
conferred with a qualified military lawyer at which time you were
advised of your rights and warned of the probable adverse
It appears that your
consequences of accepting such a discharge.
request was granted and,
spared the stigma of a court-martial conviction and the potential
penalties of a punitive discharge and confinement at hard labor.
as a result of this action, you were
The record reflects
The Board believed that considerable clemency
The record clearly shows that on 20 October 1971 you received an
undesirable discharge for the good of the service in order to
escape trial.
In its review of your application the Board carefully weighed all
such as your youth and immaturity
potentially mitigating factors,
However, the Board concluded that
and good postservice conduct.
these factors were not sufficient to warrant recharacterization
of your discharge to avoid trial for an unauthorized absence of
nearly 40 months and your prior unauthorized absences of more
than eight months.
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
Further, the Board concluded that you
punitive discharge.
received the benefit of your bargain when your request for
discharge was granted and should not be permitted to change it
now.
The Board concluded that your discharge was proper as
issued and no change is warranted.
has been denied.
will be furnished upon request.
It is regretted that the circumstances of your case are such that
You are entitled to have the
favorable action cannot be taken.
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.
Accordingly, your application
The names and votes of the members of the panel
Sincerely,
W. DEAN PFEIFFER
Executive Director
Copy to: Mr. Corregedore
2
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