DEPARTMENT OF THE NAVY
BOARD FOR
CbRRECTlON OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 5609-02
12 December 2002
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 11 December 2002.
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 reenlisted in the Navy on 21 August 1968
after more than seven years of prior active service.
You served
without incident until 1 March 1972,
when you submitted a written
request for an undesirable discharge in order to avoid trial by
court-martial for an unauthorized absence of 184 days and failing
to report to your next duty station.
Prior to 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.
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 hard labor.
received an undesirable discharge on 17 March 1972.
In its review of your applieation the Board carefully weighed all
potentially mitigating factors,
such as your youth and immaturity
and the contention that you were told that the discharge would be
upgraded after two years.
factors were not sufficient to warrant recharacterization of your
However, the Board found that these
You
The Board believed
The names and
Further, the Board
discharge given your request for discharge to avoid trial for an
unauthorized absence of more than six months.
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.
concluded that you received the benefit of your bargain when your
request for discharge was granted and should not be permitted to
change it now.
In this regard, no law or regulation provides for
upgrading a discharge based solely on the passage of time.
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
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,
DEAN PFEIFFER
W.
Executive Director
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