DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
CRS
Docket No: 208-01
25 June 2001
Your allegations of error and
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 20 June 2001.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Documentary material considered by the Board consisted of
Board.
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.
You enlisted in the Marine Corps on 20 June 1979 at age 17.
record reflects that you received four nonjudicial punishments
The offenses
and were convicted by a summary court-martial.
included unauthorized absences totalling 14 days, willful
disobedience of a lawful order, dereliction of duty, absence from
your appointed place of duty on three occasions, disrespect on
two occasions, sleeping on post on three occasions, and
communicating a threat.
On 27 June 1983 you submitted a written request for other than
honorable discharge in order to avoid trial by court-martial for
Prior to submitting this
an unauthorized absence of 624 days.
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.
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.
received an other than honorable discharge on 1 July 1983.
The
Your request
You
However, the Board found these factors were not
The Board also noted your five disciplinary actions.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and
immaturity.
sufficient to warrant recharacterization of your discharge and
change in the reason for discharge given your‘request for
discharge to avoid trial for an unauthorized absence of nearly 21
months.
The Board believed that considerable clemency was extended to you
whne 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 should not be
permitted to change it now.
Therefore, the Board concluded that
no change to the discharge 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
2
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