DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON OC 20370-5100
CRS
Docket No: 803-01
22 June 2001
Dear née: :
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. 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 28 March
1973. On 6 June 1973 you received nonjudicial punishment for
failure to obey a lawful order.
On 30 March 1977 you submitted a written request for an other
than honorable discharge in order to avoid trial by court-martial
for unauthorized absences totalling 1192 days. Prior to
submitting this request you conferred with a qualifed 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 hard labor. You received an other than honorable
discharge on 11 April 1977.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and
immaturity. However, the Board found that these factors were not
sufficient to warrant recharacterization of your discharge given
your request for discharge to avoid trial for unauthorized
absences totaling more than 39 months. 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 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
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