DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TJR
Docket No: 2095-02
12 September 2002
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title
States Code, Section 1552.
10, United
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 10 September 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
your application, together, with all material submitted in support
and applicable statutes, regulations,
thereof, your naval record,
and policies.
Documentary material considered by the Board consisted of
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.
You enlisted in the Navy on 19 September 1969 at the age of 18.
On 1 September 1970 you were convicted by special court-martial
(SPCM) of a 96 day period of unauthorized absence
sentenced to a $176 forfeiture of pay, confinement at hard labor
for 30 days, and a reduction to
paygrade E-l.
WA). You were
On 28 July 1970 you began a nine day period of UA that was not
However, the record does not
terminated until 5 August 1970.
indicate the disciplinary action taken, if any, for this
misconduct.
On 26 October 1970 you began yet another period of UA that was
not terminated until 8 June 1971 when you were apprehended by
civil authorities.
request for an undesirable discharge in order to avoid trial by
court-martial for the foregoing period of UA totalling 225 days
Prior to submitting this
and failure to obey a lawful order.
request for discharge, you confer with a qualified military
lawyer, be advised of your rights,
adverse consequences of accepting such a discharge.
On 31 June 1971 you submitted a written
and warned of the probable
Your request
for discharge was granted and on 22 July 1971 you received an
undesirable discharge in lieu of trial by court-martial.
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.
court-
As a
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity and your contention that you made bad
choices during your military career due to alcohol abuse.
Nevertheless, the Board concluded these factors and contention
were not sufficient to warrant recharacterization of your
discharge because of your frequent and lengthy periods of UA
which resulted in your request for discharge.
that considerable clemency was extended to you when your request
for discharge was approved since, by this action, you escaped the
possibility of confinement at hard labor and a punitive
discharge.
The Board also concluded that you received the
benefit of your bargain with the Navy when your request for
discharge was granted and should not be permitted to change it
now.
Accordingly, your application has been denied.
The Board believes
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
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.
Sincerely,
W. DEAN PFEIFFER
Executive Director
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