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NAVY | BCNR | CY2001 | 00709-00
Original file (00709-00.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS

Y

2 NAVY ANNEX

WASHINGTON DC 20370-5100

CRS
Docket No: 709-00
10 August 2000

Dear

This is in reference to your
naval record pursuant to the
States Code, Section 1552.

application for correction of your
provisions of Title 10, United

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 9 August 2000.
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 7 March
1972 at age  
nonjudicial punishments.
absences totalling 41 days,
from your appointed place of duty,

The record reflects that you received six

The offenses included unauthorized

drunk and disorderly conduct, absence

ia.

and possession of marijuana.

Your military record shows that on   17 March 1975 you submitted a
written request for an undesirable discharge in order to avoid
trial by court-martial for unauthorized absences totalling 79
days and violation of a lawful general regulation.
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.
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 undesirable discharge on 28 April 1975.

The Board found that your request

Your record

You

However, the Board found that these factors were not

The Board also noted your six nonjudicial
The Board believed that considerable clemency was

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 given
your request for discharge to avoid trial for an unauthorized
absence of about two months and violation of a lawful general
regulation.
punishments.
extended to you when your request 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.
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.

Therefore, the Board concluded that

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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