DEPARTMENT OF
THlfNAVY
BOARD FOR CORRECT10
i OF NAVAL
RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 945-01
18 July 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 10 July 2001.
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 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 4 August 1975
at the age of 17.
1975, you were convicted by summary court-martial (SCM) of
attempted auto theft, two specifications of larceny, and absence
from your appointed place of duty.
confinement at hard labor for 30 days.
Approximately two months later, on 7 October
You were sentenced to
Your record reflects that on 3 March 1976 you received
nonjudicial punishment (NJP) for a two day period of unauthorized
absence (UA) and were awarded a $75 forfeiture of pay and extra
duty for seven days.
During the period from 19 March to 7 September 1976 you were in
an UA status on three occasions for 169 days.
On 24 September
1976 you submitted a written request for an undesirable discharge
in order to avoid trial by court-martial for the foregoing
periods of UA.
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
On 3 December 1976 you received NJP
accepting such a discharge.
i
for a 17 day period of UA and were awarded restriction and extra
However, on 22 December 1976, you received
duty for seven days.
your third NJP for a 17 day period of UA and breaking
restriction.
duty for seven days and a $85 forfeiture of pay.
The punishment imposed was restriction and extra
Subsequently, your request for discharge was granted and your
commanding officer was directed to issue you an other than
honorable discharge for the good of the service.
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.
discharged.
On 29 December 1976 you were so
As a result of
The Board, in its review of your entire record and application,
carefully considered all mitigating factors, such as your youth
and immaturity and character reference letters.
However, the
Board found the evidence and materials submitted were not
sufficient to warrant recharacterization of your discharge given
the seriousness of your frequent misconduct, your repetitive
periods of UA, and your request for discharge to avoid trial.
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,
of confinement at hard labor and a punitive discharge.
Further,
the 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.
you escaped the possibility
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 PFEIFF'ER
Executive Director
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