DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
ANNEX
NAVY
2
WASHINGTON DC 20370-510
0
S
TJR
Docket No: 5828-01
11 February 2002
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
application on 5 February 2002.
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.
Your allegations of error and
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.
The Board found you enlisted in the Navy on 31 January 1967 at
the age of 18.
began a 757 day period of unauthorized absence (UA) that was not
terminated until you were apprehended by the Federal Bureau of
Your record shows that on 12 August 1969 you
16 December 1971 you
submitted a written request for an undesirable discharge in order
to avoid trial by court-martial for the foregoing period of UA.
Your record also shows that 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.
request for discharge 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.
discharge.
On 27 January 1972 you received an undesirable
The Board found your
Investigation (FBI) on'8 September 1971.
On 19 July 1977, under the Department of Defense Discharge (DOD)
Special Discharge Review Program (SDRP), the characterization of
your undesirable discharge was changed to general under honorable
However, this recharacterization does not entitle
conditions.
you to benefits administered by the Department of Veterans'
Affairs
(DVA).
Your record further reflects that on 28 June 1978 you submitted a
written request to the Naval Discharge Review Board (NDRB) for a
personal appearance in which you sought further clemency in
regards to the characterization of your discharge in order to
receive veterans benefits.
to appear before that Board.
However, you and your counsel failed
The Board, in its review of your entire record and application,
carefully considered all mitigating factors, such as your youth
and immaturity and the letter from the Disabled American Veterans
in support of your case.
However, the Board found the evidence
and materials submitted were not sufficient to warrant favorable
action given your lengthy period of UA.
you received the benefit of your bargain with the Navy when you
were discharged at your request rather than being tried by
martial, which could have resulted in a lengthy period of
confinement as well as a punitive discharge.
noted that your characterization of service was changed to
general under honorable conditions under the provisions of SDRP,
but concluded that a further change, which would make you
eligible for DVA benefits, was not warranted.
circumstances of your case,
was proper as issued and no change is warranted.
your application has been denied.
the Board concluded your discharge
Accordingly,
Given all the
The Board concluded that
court-
Further, the Board
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.
2
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
3
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