D E P A R T M E N T O F T H E N A V Y
BOARD FOR CORRECTION OF NAVAL RECORDS
2 N A W ANNEX
WASHINGTON DC 20370-5100
ELP
Docket No. 4918-99
6 October 1999
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 28 September 1999. 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you enlisted in the Marine Corps on
11 November 1974 for four years at age 18. The record reflects
that you served without incident until March 1975 when you began
a series of four unauthorized absences (UA) from 3-5 March,
6 Mareh to 1 April, 7 April to 1 May, and 6-10 May 1975.
On 15 May 1975, you received nonjudicial punishment (NJP) for the
foregoing four periods of UA totalling about 56 days. Punishment
imposed consisted of 30 days of correctional custody and
forfeitures of $150 per month for two months. However, on the
date of the NJP, you went UA again and remained absent until you
were apprehended by civil authorities on 30 January 1976.
On 23 February 1976, you submitted a request for an undesirable
discharge for the good of the service to escape trial by court-
martial for the foregoing 260 day period of UA. Prior to
suhmitt.ing t h i s 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. On 24 February 1976, the discharge authority approved
the request and you were discharged under other than honorable
conditions on 3 March 1976.
In its review of your application the Board carefully weighed all
potentially mitigating factors such as your youth and immaturity,
limited education, letters of reference, need for veterans
medical benefits, and the fact that it has been more than 26
years since you were discharged. The Board concluded that these
factors were insufficient to warrant recharacterization of your
discharge given your record of an NJP and the fact that you
requested discharge rather than face trial by court-martial for
more than eight months of UA. 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, you escaped the possibility of confinement at hard
labor and a punitive discharge. Further, the Board concluded
that you received the benefit of your bargain with the Marine
Corps when your request for discharge was granted and you should
not be permitted to change it now. You have provided neither
probative evidence nor a convincing argument in support of your
application. Given all the circumstances of your case, the Board
concluded your discharge was proper and no change is warranted.
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 PFEIFFER
Executive Director
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