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NAVY | BCNR | CY2006 | 08965-06
Original file (08965-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 203705100


 SMW
 Docket No: 8965-06
1 March 2007






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 28 February 2007. Your allegations of error and 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.
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.
On 24 January 1972 you enlisted in the Navy at age 19. During the period from 7 December 1972 to 14 April 1973 you were in an unauthorized absence (UA) status on three occasions totaling about 69 days. On 19 June 1973 you were convicted by special court-martial (SPCM) of two of the UA’s totaling about 66 days, and on 10 July 1973 you received nonjudicial punishment (NJP) for absence from your appointed place of duty.
During the period from 6 September to 8 October 1973 you were UA on two more occasions totaling about 30 days. On 14 November 1973 you requested an undesirable discharge for the good of the service to avoid trial by court-martial for the two UA’s and failure to obey a lawful order. At that time, you consulted with counsel and acknowledged the consequences of receiving such a discharge. On 15 January 1974 your request for an undesirable discharge was approved by the separation authority. On 28 January 1974 you were separated with an undesirable discharge for the good of the service to avoid trial by court-martial. 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.
The Board, in its review of your entire record, carefully considered all mitigating factors, such as your youth. The Board also considered your contention that your ability to serve was impaired by use of alcohol and psychiatric problems. Nevertheless, the Board found the evidence and materials submitted were not sufficient to warrant recharacterization of your discharge due to your repetitive misconduct that included more than three months of UA. Furthermore, the Board 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, you escaped the possibility of confinement at hard labor and a punitive discharge. Regarding your contention, there is no evidence in the record to show that alcohol or psychiatric problems caused or contributed to your misconduct. But even if there was such evidence, that would not excuse your misconduct. Finally, the Board concluded that you received the benefit of your bargain with the Navy when your request f or discharge was granted and you should not be permitted to change it now. Accordingly, your application has been denied.
                  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. 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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