DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
Docket No: 5547-01
19 December 2001
lO,,United
B
Dear
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title
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 18 December 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 15
You reported to active duty on 1 July
March 1973 at age 18.
On 22 May 1974 you submitted a written request for an
1973.
undesirable discharge in order to avoid trial by court-martial
Prior to submitting
for an unauthorized absence of 214 days.
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.
Your request was granted and, 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
You received the undesirable discharge on 18 June
hard labor.
1974.
In its review of your application the Board carefully weighed all
such as your youth and immaturity
potentially mitigating factors,
However, the Board found that
and good postservice conduct.
these factors were not sufficient to warrant recharacterization
of your discharge given your request for discharge to avoid trial
you escaped the possibility of
The Board
for an unauthorized absence of more than six months.
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
when your request for discharge was granted and should not be
The Board concluded that your
permitted to change it now.
discharge was proper as issued and no change is warranted.
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.
Further, the
The names and
Sincerely,
W. DEAN PFEIFFER
Executive Director
2
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