DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 8406-02
8 September 2003
Your allegations of error and
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the 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 4 September 2003.
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 20 October
1972 after more than three years of prior active service.
On 25
February 19'74 you submitted a written request for an undesirable
discharge in order to avoid trial by court-martial for an
unauthorized absence of 95 days.
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.
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 the undesirable discharge on 13 March 1974.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and
immaturity.
However, the Board found that these factors were not
sufficient to warrant recharacterization of your discharge. given
your request for discharge to avoid trial for an unauthorized
absence of more than three months.
The Board believed that
Your request
You
Further, the Board concluded
Accordingly, your application
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.
that you received the benefit of your bargain when your request
for discharge was granted and should not be permitted to change
The Board concluded that your discharge was proper as
it now.
issued and no change is warranted.
has been denied.
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.
The names and votes of the members of the panel
Sincerely,
Executive Di
2
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