DEPARTMENTOFTHE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
WMP
Docket No:
7 November 2002
4695-02
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 6 November 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
of your application, together with all material submitted in
support thereof,
your naval record and applicable statutes,
regulations and policies.
Documentary material considered by the Board consisted
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.
The Board found that you enlisted in the Navy on 18 September
1973 for four years at age 18.
Your record reflects that you
served without incident until you were an unauthorized absentee
from 20 March to 23 April 1974, a period of 34 days; and 30
April 1974 to 18 February 1975, a period of 294 days.
On 20 March 1975 you submitted a request for an undesirable
discharge for the good of the service in lieu of trial by
martial for the two foregoing periods of unauthorized absence
totaling 328 days.
conferred with a qualified military lawyer and were advised of
your rights and warned of the probable adverse consequences of
accepting such a discharge.
On 31 March 1975 your request for
discharge was approved by the discharge authority.
of such action, you were spared the stigma of a court-martial
conviction and the potential penalties of a punitive discharge
Prior to submitting this request, you
As a result
court-
and confinement at hard labor.
discharge on 4 April 1975.
You received the undesirable
In its review of your application the Board carefully weighed
all potentially mitigating factors such as your youth and
immaturity.
However, the Board found that your misconduct of
two periods of unauthorized absence totaling 328 days clearly
The Board also believed
warranted an undesirable discharge.
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.
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.
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon
request.
The names and
Further,
It is regretted that the circumstances of your case are such
that favorable action cannot be taken.
the Board reconsider its decision upon submission of new and
material evidence or other matter not previously considered by
the Board.
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.
it is important to keep in mind that
You are entitled to have
In this regard,
Sincerely,
W. DEAN PFEIFFER
Executive Director
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