DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
ANNEX
NAVY
2
WASHINGTON DC 20370-510
0
S
TJR
Docket No: 5931-01
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.
thr&e-member panel of the Board for Correction of Naval
A
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 14 October 1969 at
the age of 17.
three years without disciplinary incident.
October 1972, you began a 73 day period of unauthorized absence
(UA) that was not terminated until you were apprehended on 10
January 1973.
Your record reflects that you served for nearly
However, on 12
Your record shows that prior to
you conferred with a qualified
On 31 January 1973 you submitted a written request for an
undesirable discharge in order to avoid trial by court-martial
for the foregoing period of UA.
submitting this request for,
military lawyer at which time you were advised of your rights and
warned of the probable adverse consequences of accepting such a
discharge.
and your commanding officer was directed to issue you an other
than honorable discharge.
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.
On 27 February 1973 you were issued an other than honorable
discharge.
Subsequently, your request for discharge was granted
The Board, in its review of your entire record and application,
carefully considered all mitigating factors, such as your youth
and immaturity and your contention that you were not given a
However, the Board found
choice in regards to your discharge.
the evidence and materials submitted were not sufficient to
warrant recharacterization of your discharge given the lengthy
period of UA, which only terminated when you were apprehended.
The Board 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,
Further,
of confinement at hard labor and a punitive discharge.
the Board concluded that you received the benefit of your bargain
with the Navy when your request for discharge was granted and you
should not be permitted to change it now.
application has been denied.
you escaped the possibility
Accordingly, your
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
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.
Sincerely,
W. DEAN PFEIFFER
Executive Director
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