DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TJR
Docket No: 828-01
25 June 2001
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 19 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
and applicable statutes, regulations,
thereof, your naval record,
and policies.
Your allegations of error and
After careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
The Board found you enlisted in the Marine Corps on 3 September
1971 at the age of 17.
Your record reflects that on 4 October
1972 you were convicted by special court-martial (SPCM) of a 182
You were sentenced to
day period of unauthorized absence (UA).
hard labor for three months,
reduction to
a $450 forfeiture of pay, and
paygrade E-l.
Your record further reflects that on 2 January 1973 you began a
792 day period of UA that was not terminated until 5 March 1975.
Subsequently, you submitted a written request for an undesirable
discharge in order to avoid trial by court-martial for the
foregoing period of UA.
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.
granted and your commanding officer was directed to issue you an
other than honorable discharge for the good of the service.
result of this action, you were spared the stigma of a
martial conviction and the potential penalties of a punitive
discharge and confinement at hard labor.
Prior to submitting this request, you
On 6 March 1975 you
Your request was
As a
court-
received an other than honorable discharged.
enrolled in the Reconciliation Service Program with the
understanding that if you perform 24 months of alternate service
a clemency discharge would be substituted for-the undesirable
discharge.
this program due to failure to complete the required period of
alternate service.
However, on 20 October 1975, you were terminated from
At that time you
The Board also considered your character
However, the Board found the evidence and
The Board, in its review of your entire record and application,
carefully considered all mitigating factors, such as your youth
and immaturity.
reference letters.
materials submitted were not sufficient to warrant
recharacterization of your discharge given your continued
misconduct, your request for discharge to avoid trial for a
lengthy period of UA, and your failure to complete the required
period of alternate service for a clemency discharge.
believed that considerable clemency was extended to you when your
requests for discharge to avoid trial by court-martial was
approved since, by this action,
confinement at hard labor and a punitive discharge.
Board concluded that you received the benefit of your bargain
with the Marine Corps when your request for discharge was granted
and you should not be permitted to change it now.
Accordingly,
your application has been denied.
The Board
you escaped the possibility of
Further, the
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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