DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE ROAD
ARLINGTON, VA 22204
SIN
Docket No: 02222-11
10 January 2012
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 5 January
2012. 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 the evidence submitted was insufficient to establish
the existence of probable material error or injustice.
You enlisted in the Navy and began active duty on 27 June 1972. On 16
November 1972, you began a period of unauthorized absence (UA) that
lasted 117 days. On 16 April 1973, you started
another period of UA that lasted 63 days. On 24 July 1973, you
submitted a written request for an undesirable discharge for the good
of the service in order to avoid trial by court-martial for a total of
180 days of UA. Prior to submitting this request for discharge, you
conferred with a qualified military lawyer, were advised of your
rights, and were warned of the probable adverse consequences of
accepting such a discharge. Your request for discharge was granted and
on 17 September 1973, you received an other than honorable discharge
for the good of the service in lieu of trial by court-martial. 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.
The Board, in its review of your application, carefully weighed all
potentially mitigating factors, such as your youth and record of
service. Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge given your
lengthy periods of UA which were being preferred to a court-martial,
and request for discharge. The Board believed that considerable
clemency was extended to you when your request for discharge was
approved. The Board also concluded that you received the benefit of
your bargain with the Navy when your request for discharge was granted
and should not be permitted to change it now. Accordingly, your
application has been denied, 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. 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 PFE
Executive D
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