DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
CRS
Docket No: 2089-01
4 December 2001
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
Your allegations of error and
application on 28 November 2001.
injustice were reviewed in accordance with administrative
regulations and.procedures applicable to the proceedings of this
Documentary material considered by the Board consisted of
Board.
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 Naval Reserve on 31
You reported to active duty on 2
December 1970 at age 17.
January 1972.
year.
conducted on 26 July 1973, found no
A psychiatric evaluation,
mental condition that would render you either unable to
distinguish between right and wrong or incapable of adhering to
the right.
On that same day, you submitted a written request for
an undesirable discharge in order to avoid trial by court-martial
for an unauthorized absence of 47 days and absence from your
Your record also shows that prior to
appointed place of duty.
submitting this request you conferred with a qualified military
lawyer at which time you were advised of your rights and warned
of the probable adverse consequences of accepting such a
discharge.
a result of this action, you were spared the stigma of a
martial conviction and the potential penalties of a punitive
You received an
discharge and confinement at hard labor.
The Board found that your request was granted and, as
court-
You then served without incident for more than a
such as your youth and immaturity
However, the Board found that these factors
Further, the Board concluded that you received the
undesirable discharge on 10 August 1973.
In its review of your application the Board carefully weighed all
potentially mitigating factors,
and the contention that you suffered from post traumatic stress
disorder (PTSD).
were not sufficient to warrant recharacterization of your
discharge given your request for discharge to avoid trial for an
unauthorized absence of more than a month and absence from your
The Board believed that considerable
appointed place of duty.
clemency was extended to you when your request 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.
benefit of your bargain when your request for discharge was
granted and should not be permitted to change it now.
also noted that there is no evidence in the record to show that
you suffered from PTSD at the time of your service.
Additionally, even if you did, and it became symptomatic during
your period of active duty,
disorder caused an inability to know right from wrong or adhere
to the right, or that your PTSD was sufficiently mitigating to
Therefore, the Board concluded that
warrant recharacterization.
issued and no change is warranted.
your discharge was proper as
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
It is regretted that the circumstances of your case are such that
You are entitled to have the
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.
there is no indication that the
The Board
The names and
Sincerely,
W. DEAN PFEIFFER
Executive Director
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