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NAVY | BCNR | CY2007 | 01408-07
Original file (01408-07.rtf) Auto-classification: Denied
CRS
 Docket No: 1408-07
3 April 2008






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 2 April 2008. 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 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 June 1969. You received three nonjudicial punishments and were convicted by a special court-martial. Your offenses included unauthorized absences totaling 80 days and missing movement.
On 24 October 1973 you submitted a written request for discharge for the good of the service in lieu of trial by court-martial for unauthorized absences totaling 53 days and missing movement. Prior to submitting this request you conferred with a qualified military lawyer who advised you of your rights and warned of the probable adverse consequences of receiving an undesirable discharge. Your request was approved by the discharge authority, and you received an undesirable discharge on 28 November 1973.
In its review of your application the Board carefully weighed all Potentially mitigating factors, such as your sister’s illness and contentions that you were told that your discharge would be automatically upgraded after a period of time and that your misconduct was due to racial discrimination The Board concluded that your service was properly characterized as an undesirable discharge, given your extensive record of misconduct and the serious nature of your offenses. The Board believes that
considerable clemency was extended to you when your request for discharge was granted, and you should not be permitted to change it now. In addition, you have not demonstrated that you were the victim of racial discrimination. Further, there is no rule or regulation that provides for the automatic upgrading of one’s discharge. 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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