DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
FC
Docket No: 00722-03
23 June 2003
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 18 June 2003.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
of your'application, together with all material submitted in
support thereof, your naval record and applicable statutes,
regulations and policies.
Documentary material considered by the Board consisted
Your allegations of error and
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 Navy on 17 May 1972 at
age 17.
unauthorized 'absence
apprehended by civil authorities on 19 November 1972.
On 24 May 1972 you began a 166 day-period of
(UA) that was terminated only when you were
On 14 December 1972 you requested and were granted an exemption
from disciplinary action for drug use.
On that same day you
requested an undesirable discharge in order to avoid trial by
court-martial for the foregoing 166-day period of UA.
Prior to
submitting this request for discharge, 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.
On 4 January 1973 your request was
granted and your commanding officer was directed to issue you an
undesirable discharge by reason of good of the service in lieu of
trial by court-martial.
spared the stigma of a court-martial conviction and the potential
penalties of a punitive discharge and confinement at hard labor,
and on 10 January 1973 you were so discharged.
As a result of this action, you were
the Board carefully weighed all
In its review of your case,
potentially mitigating factors such as your youth and
immaturity, and the length of time that has passed since you
were discharged from the Navy.
However, the Board concluded
that these factors were not sufficient to warrant
recharcterization of your discharge given your request for
discharge to avoid trial by court martial for a lengthy period
of UA that was terminated only by your apprehension.
the Board 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.
application has been denied.
of the panel will be furnished upon request.
The names and votes of the members
Further,
Accordingly, your
It is regretted that the circumstances of your case are such
that favorable action cannot be taken.
the Board reconsider its decision upon submission of new and
material evidence or other matter not previously considered by
the Board.
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.
You are entitled to have
In this regard,
Sincerely,
W. DEAN PFEIFFER
Executive Director
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