DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No:
2 September 1999
3040-99
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 1 September 1999.
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 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 6 March
1972 at age 19.
nonjudicial punishments.
from your appointed place of duty of four occasions, failure to
obey a lawful order on two occasions, dereliction of duty, and
breaking restriction.
Your record reflects that you received three
The offenses included assault, absence
Your military record shows that on 28 November 1973 you submitted
a written request for an undesirable discharge in order to avoid
trial by court—martial for disrespect on two occasions, willful
disobedience of a lawful order, and breaking restriction.
‘Your
record also shows that 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.
your request 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
The Board found that
hard labor.
1974.
You received an undesirable discharge on 16 January
However, the Board found that these
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and immaturity
and limited education.
factors were not sufficient to warrant recharacterization of your
discharge, given the frequency of your offenses.
In this regard,
the Board noted that in a period of less than two years, you were
the subject of three disciplinary actions and requested discharge
in lieu of court—martial.
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
it now.
change to the discharge is warranted.
application has been denied.
of the panel will be furnished upon request.
Based on the foregoing, the Board concluded that no
The Board also believed that
Further, the Board concluded
Accordingly, your
The names and votes of the members
It is regretted that the circumstances of your case are such that
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.
You are entitled to have the
Sincerely,
W. DEAN PFEIFFER
Executive Director
Copy to:
Ms. Sharon Wagner
2
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