DEPARTMENT OF THE NAVY
B O A R D F O R C O R R E C T I O N O F N A V A L R E C O R D S
2 N A V Y ANNEX
W A S H I N G T O N DC 2 0 3 7 0 - 5 1 0 0
TRG
Docket No: 6519-00
28 February 2001
This is in reference to your application for correction of your
n a ~ l recozd 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 27 February 2001. 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 20
December 1979 at age 19. The record shows that you served
without incident until 1 April 1981. On that date you received
nonjudicial punishment for disobedience. In March 1982 you were
an unauthorized absentee for about three days, for which there is
no disciplinary action in the record.
Your military record shows that you submitted a written request
for a discharge under other than honorable conditions in order to
avoid trial by court-martial for an unauthorized absence from 6
July 1982 to 21 October 1984, a period of about 624 days. 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. The Board found that
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
hard labor. You were discharged on 18 April 1984.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and
contentions that you have overcome your abuse of alcohol and
that, in effect, you have been a good citizen for many years.
The Board found that these factors were not sufficient to warrant
recharacterization of your discharge given your record of
misconduct and especially your request for discharge to avoid
trial for the lengthy period of unauthorized absence. 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
when your request for discharge was granted and you should not be
permitted to change it now. The Board concluded that your
discharge was proper as issued 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 PE'EIFE'ER
Executive Director
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