DEPARTMENTOFTHE NAV
Y
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 8151-01
20 March 2002
Dear
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 12 March 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 Naval Reserve on 7 February
1978 at the age of 17 and began a period of active duty training
on that same day.
from active duty training.
of extended active duty.
On 26 July 1978 you were honorably released
On 30 August 1978 you began a period
Your record reflects that on 9 and 29 November 1978 you received
nonjudicial punishment (NJP) for a three day period of
unauthorized absence (UA) and absence from your appointed place
of duty.
The record further reflects that during the period from 30 April
1979 to 28 April 1980 you were in a UA status on two occasions
for 363 days.
On 30 July 1980 you
restriction and were declared a deserter.
were referred for court-martial for the foregoing periods of UA.
On 19 August 1980 you received NJP for a day of UA and were
awarded a $200 forfeiture of pay and restriction for 10 days.
During this period of UA you also broke
Subsequently, you submitted a written request for an undesirable
discharge in order to avoid trial by court-martial for the two
periods of UA totalling 363 days.
Your record shows that prior
you conferred with a qualified
Your request for discharge was granted and your
to submitting this request,
military lawyer at which time you were advised of your rights and
warned of the probable adverse consequences of accepting such a
discharge.
commanding officer was directed to issue you an other than
honorable discharge.
the stigma of a court-martial conviction and the potential
penalties of a punitive discharge and confinement at hard labor.
On 17 September 1980 you were issued an other than honorable
discharge.
As a result of this action, you were spared
However, the Board found the evidence and materials
The Board, in its review of your entire record and application,
carefully considered all mitigating factors, such as your youth
and immaturity, post service conduct, and your contention that
your discharge was a result of a recently diagnosed disabling
condition.
submitted were not sufficient to warrant recharacterization of
your discharge given your repetitive misconduct and lengthy
periods of UA, specifically,
resulted in 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.
the lengthy periods of UA which
you escaped the possibility of
Accordingly, your
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.
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
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