DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 7695-01
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.
Your record reflects that on 24 August 1970 you were
The Board found you enlisted in the Navy on 23 June 1969 at the
age of 22.
convicted by special court-martial (SPCM) of a 75 day period of
unauthorized absence (UA).
hard labor for two months, (reduction to
forfeiture of pay.
You were sentenced to confinement at
paygrade E-l, and a $180
and were declared a deserter. It
Your record also reflects that during the period from 20 October
1970 to 27 March 1973 you were UA on three occasions for 810
days, broke restriction,
appears that you submitted a written request for an undesirable
discharge in order to avoid trial by court-martial for the
foregoing three periods of UA.
you would have conferred with a qualified military lawyer and
been advised of your rights and warned of the probable adverse
consequences of accepting such a discharge.
that your request was granted and your commanding officer 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
Prior to submitting this request,
It further appears
would have been spared the stigma of a court-martial conviction
and the potential penalties of a punitive discharge and
The record clearly reflects that on
confinement at hard labor.
18 April 1973 you were discharged for the good of the service to
avoid trial by court-martial.
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 the Department of
Labor Exemplary Rehabilitation Certificate.
However, the Board
found the evidence and materials submitted were not sufficient to
warrant recharacterization of your discharge given the serious
nature of your frequent and lengthy periods of UA, and your
request for discharge to avoid trial for these offenses.
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.
you escaped the possibility
The
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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