DEP RTMENT OF THE NAVY
BOARD FO CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
W SHINGTON DC 20370-5100
CRS
Docket No: 7806-00
4 June 2001
Dear
This is in reference to our application for correction of your naval
record pursuant to the provisions of Title 10, United States Code,
Section 155
A three—member panel of he Board f or Correction of Naval Records,
sitting in exec tive session, considered your application on 23 May 20
1. Your allegations of error and injustice were reviewed n accordance
with administrative regulations and procedur s applicable to the
proceedings of this Board. Documentary mate ial considered by the
Board consisted of your application, togeth r with all material
submitted in support thereof, your naval reco d and applicable
statutes, regulations and policies.
After careful and consci ntious consideration of the entire record,
the Board found hat the evidence submitted was insufficient to
establis the existence of probable material error or injustice.
The Board found that you enlisted in the Marine Corps on 8 January
1973 at age 17. On 12 February 1976 you submitted a written request
for an u desirable discharge in order to avoid trial by court—martial
f r an unauthorized absence of 410 days. 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 a verse
consequences of accepting such a discharge. Your request was granted
and, as a result of this action, you were spared he stigma of a
court—martial conviction and the potential penalt es of a punitive
discharge and confinement at hard labo . You received an undesirable
discharge on 25 February 1976.
In its review of your ap lication the Board carefully weighed all
potentially mitigating f ctors, such as your youth and immaturity and
family problems. Ho ever, the Board found that these factors were not
sufficient to w rrant recharacterization of your discharge given your
req est for discharge to avoid trial for an unauthorized absence of
ore than 13 months. The Board believed
that considerable clemen y was extended to you when your request for
discharge to avoid t ial by court—martial was approved since, by this
action, you esca ed the possibility of confinement at hard labor and a
punitiv discharge. Further, the Board concluded that you recei ed the
benefit of your bargain when yur request for discharge wa granted and
should not be permitted to change it now. Therefor , the Board concluded
that no change to the discharge is warrant d. Accordingly, your application
has been denied. The names nd votes of the members of the panel will be
furnished upon r quest.
It is regretted that the circumstances of your case are such that favorable
action cannot e taken. You are entitled to have the Board reconsider its
decsion upon submission of new and material evidence or other matter not
previously considered by the Board. In this regard, it is im ortant to keep
in mind that a presumption of regularit attaches to all official records.
Consequently, when applyng for a correction of an official naval record,
the burden is on the applicant to demonstrate the existence of probable ma
erial error or injustice.
Sincerely,
W. DEAN PFEIFFER
Executive Director
2
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