DEPARTMENTOFTHE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
NAVY
ANNEX
2
WASHINGTON DC 20370-510
0
S
WMP
Docket No:
26 November
4840-02
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 20 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 25 May 1973 for
four years at age 18.
without incident until 1 November 1973, when you received
nonjudicial punishment
26 October 1973, a period of four days.
was 14 days of restriction and extra duty.
(NJP) for unauthorized absence from 23 to
The punishment imposed
Your record reflects that you served
On 7 November 1973 you received NJP for failure to go to your
appointed place of duty.
restriction and extra duty.
received NJP for failure to go to your appointed place of duty.
The punishment imposed was a forfeiture of $100.
The punishment imposed was 5 days of
On 19 December 1973 you again
On 20 March 1974 you received NJP for a 19 day period of
unauthorized absence from
28 February to 18 March 1974 and
missing ship's movement.
correctional custody.
The punishment imposed was 30 days of
On 27 February 1975, you submitted a request
Prior to submitting this request, you conferred with a
You were then an unauthorized absentee from 14 to 18 September
1974, a period of five days; 23 September to 11 October 1974, a
period of 19 days; and 16 Ocotber 1974 to 21 January 1975, a
period of 98 days.
for an undesirable discharge for the good of the service in lieu
of trial by court-martial for the 122 days of unauthorized
absence.
qualified military lawyer and were advised of your rights and
warned of the probable adverse consequences of accepting such a
discharge.
approved by the discharge authority.
action, you were spared the stigma of a court-martial conviction
and the potential penalties of a punitive discharge and
confinement at hard labor.
discharge on 2 April 1975.
On 17 March 1974 your request for discharge was
You received the undesirable
As a result of such
In its review of your application the Board carefully weighed
all potentially mitigating factors such as your youth and
immaturity, and your feelings of remorse for your actions.
Nevertheless, the Board found that your 122 days of unauthorized
absence and ensuing request for discharge clearly warranted an
undesirable discharge, especially when your prior disciplinary
record is taken into account.
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
Further, the Board concluded
labor and a punitive discharge.
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.
been denied.
will be furnished upon request.
The names and votes of the members of the panel
Accordingly, your application has
The Board also believed that
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.
it is important to keep in mind that
You are entitled to have
In this regard,
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
3
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