DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TJR
Docket No: 6320-01
19 February 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 12 February 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
Documentary material considered by the Board consisted of
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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
The Board found you enlisted in the Navy on 30 December 1965 at
the age of 21.
years and eight months without disciplinary incident.
period included a tour of duty in Vietnam that lasted for
slightly more than a year.
Your record reflects that you served for two
This
On 23 August 1968 you were convicted by summary court-martial
(SCM) of a 38 day period of unauthorized absence (UA) and were
sentenced to hard labor for 45 days and a $50 forfeiture of pay.
’ On 7 November 1969 you were convicted by SCM of two periods of
UA totalling 21 days and were sentenced to confinement at hard
labor for 14 days and a reduction to
1969 you received nonjudicial punishment (NJP) for an 18 day
period of UA and were awarded restriction and extra duty for 45
days.
paygrade E-2.
On 22 January
Your record further reflects that on 14 October 1970 you were
convicted by general court-martial
totalling 486 days.
(GCM) of two periods of UA
You were sentenced to confinement at hard
paygrade E-l, and a $900
On 6 March 1972, after undergoing a psychiatric
labor for six months, reduction to
forfeiture of pay.
Your record also reflects that during the period from 5 February
a period of 385 days, you were in a UA
1971 to 24 February 1972,
status.
evaluation, you were diagnosed with a personality disorder and
recommended for an administrative separation.
you submitted a written request for an undesirable discharge in
order to avoid trial by court-martial for the foregoing period of
UA.
conferred with a qualified military lawyer at which time you were
advised of your rights and warned of the probable adverse
Subsequently, your
consequences of accepting such a discharge.
request for discharge was granted and your commanding officer was
directed to issue you an undesirable discharge.
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.
On 28 April 1972 you were so
discharged.
Prior to submitting this request for discharge, you
On 10 March 1972
The Board, in its review of your entire record and application,
carefully considered all mitigating factors, such as your youth
and immaturity, service in Vietnam, and your contention that
because of your personality disorder you could not adjust to duty
in the United States after your tour of Vietnam.
However, the
Board found the evidence and materials submitted were not
sufficient to warrant recharacterization of your discharge given
your frequent and lengthy periods of UA which
days, and which also resulted in two court-martial convictions,
an NJP, and your request for discharge to avoid trial.
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,
confinement at hard labor and a punitive discharge.
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.
application has been denied.
you escaped the possibility of
Accordingly, your
totalled about 475
The Board
Further, the
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 PFEIFFER
Executive Director
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