DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TRG
Docket No: 3000-02
28 August 2002
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10 of the 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 26 August 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Documentary material considered by the Board consisted of
Board.
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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Naval Reserve on 4 February 1974 at age 17
and reported for two years of active duty on 17 June 1974. You
satisfactorily completed initial training and on 27 September
1974 you reported to your first duty station.
A special court-martial convened on 5 March 1975 and convicted
you of two periods of unauthorized absence totaling about
71
The court sentenced you to reduction to pay grade E-l,
days.
forfeiture of $55 pay per month for two months and confinement at
hard labor for two months.
confinement on 21 March 1975, and the remainder of the punishment
was suspended for six months.
You were restored to duty from
On 16 May 1975 you reported to your next duty station.
1975 you began a period of unauthorized absence that lasted until
a period of about 260 days.
you surrendered on 12 February 1976,
Your military record shows that on 11 March 1976 you submitted a
written request for an undesirable discharge in order to avoid
trial by
record also shows that prior to submitting this request you
conferred with a qualified military lawyer at which time you were
court-marti& for the 260 day period of absence.
On 22 May
Your
advised of your rights and warned of the probable adverse
consequences of accepting such a discharge.
your request was granted on 25 March 1976 and, as a result of
this action, you were spared the stigma of a court-martial
conviction and the potential penalties of a punitive discharge
and confinement at hard labor.
The undesirable discharge was
issued on 1 April 1976.
The Board found that
such as your youth and contention
The Board
In its review of your application the Board carefully weighed all
potentially mitigating factors,
that you have been a good citizen for many years.
found that these factors were not sufficient to warrant
recharacterization of your discharge given your record of
misconduct and especially your request for discharge to avoid
trial for a very lengthy period of absence.
The 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, you escaped the possibility of confinement at
hard labor and a punitive discharge.
concluded that you received the benefit of your bargain when your
request for discharge was granted and you should not be permitted
to change it now.
proper as issued and no change is warranted.
The Board concluded that your discharge was
Further, the Board
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
The names and
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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