DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 3910-02
11 December 2002
This is in reference to your
naval record pursuant to the
States Code, Section 1552.
application for correction of your
provisions of Title 10, United
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 10 December 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
your application,
thereof, your naval record,
and policies.
Documentary material considered by the Board consisted of
together with all material submitted in support
and applicable statutes, regulations,
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 24 January 1969 at the age of 19.
You served for nearly three years without disciplinary incident,
but on 7 December 1971 you were convicted by summary
court-
martial (SCM) of an 81 day period of authorized absence (UA).
You were sentenced to restriction for a month and reduction to
paygrade E-3.
On 4 August 1972 you were referred to a special court-martial
(SPCM) for three periods of UA totalling 210 days and breaking
restriction.
However, on 15 August 1972, you began a 356 day
period of UA that was not terminated until 24 August 1973.
During this period of UA, you were also declared a deserter. On
4 October 1973 you submitted a written request for an undesirable
discharge in lieu of court-martial for the foregoing periods of
UA totalling 566 days.
November 1973 you were convicted by SPCM of four periods of UA
totalling 566 days.
due a speedy trial violation.
However, these charges were later dismissed
This request was denied and on 19
15 February 1974 you were notified of pending administrative
On
separation action by reason of unsuitability.
waived your right to consult with legal counsel and to present
your case to an administrative discharge board, but requested
retention in the Navy.
On 10 April 1974 the discharge authority directed
period of UA.
separation by reason of unsuitability with a characterization of
service as warranted by your service record.
On 18 March 1974 you began yet another
At that time you
On 19 April 1976, while still in UA status, you were convicted by
civil authorities of a fraudulent claim against the United States
and sentenced to confinement for a year and a day.
However, on
16 July 1976, you were released from civil custody and returned
to military authorities.
On 20 July 1976 you were referred to
SPCM for the 851 day period of UA from 18 March 1974 to 20 July
1976.
On 18 August 1976 you were notified of administrative separation
action by reason of misconduct due to civil conviction, at which
time you waived your right to consult with legal counsel and to
present your case to an ADB.
an undesirable discharge by reason of misconduct due to civil
conviction.
this recommendation and directed an undesirable discharge.
September 1976 you were so discharged.
On 30 August 1976 the discharge authority approved
Your commanding officer recommended
On 23
and your contention that your
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity,
discharge should be upgraded because you rendered honorable
service in the Navy, which included serving during the Vietnam
War, for over five years.
It also considered your contention
that you were UA because you were forced to get married.
Nevertheless, the Board concluded recharacterization of your
discharge was not warranted because of the seriousness of
repetitive and lengthy periods of UA, which
and your misconduct in the civilian community.
application has been denied.
totalled 1,142 days,
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.
2
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
Executive Director
PFEIFPER
3
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