DEPARTMENT OF
CORRECTlO
BOARD FOR
THE’NAVY
+I OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 975-01
18 July 2001
l
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 1'552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
applicatiofi 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
together with all material submitted in support
thereof, your naval record, and applicable statutes, regulations,
and policies.
Your allegations of error and
your application,
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 24,March 1975
Your record reflects that on 25 August 1975
at the age of 17.
you received nonjudicial punishment (NJP) for sleeping on post
and were awarded a $100 forfeiture of pay.
on 9 September 1975, you received NJP for absence from your
appointed place of duty and were awarded correctional custody for
30 days, which was suspended for five months.
Shortly thereafter,
Your record further reflects that on 26 April and again on 13
July 1976 you received NJP for three periods of unauthorized
On 10 December 1976 you were
absence (UA) totalling 12 days.
convicted by special court-martial (SPCM) of four periods of UA
You were sentenced to
totalling 19 days and sleeping on post.
a $735 forfeiture of pay,
confinement at hard labor for 100 days,
and reduction to
suspended for six months.
A portion of the confinement was
paygrade E-l.
During the period from 12 April to 11 August 1977 you were in an
On 18 November 1977
UA status on three occasions for 72 days.
you submitted a written request for an undesirable discharge in
order to avoid trial by court-martial for the foregoing periods
Prior to submitting this request,
of UA, theft, and burglary.
you conferred with a qualified military lawyer at which time you
were advised of your rights and warned of the probable adverse
Subsequently, your
consequences of accepting such a discharge.
request was granted and your commanding officer was directed to
issue you an other than honorable discharge for the good of the
service.
of a court-martial conviction and the potential penalties of a
punitive discharge and confinement at hard labor.
1977 you were so discharged.
As a result of this action, you were spared the stigma
On 2 December
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.
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
The Board believed that
request for discharge to avoid trial.
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
Further, the Board concluded
labor and a punitive discharge.
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.
has been denied.
Accordingly, your application
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
You are entitled to have the
favorable action cannot be taken.
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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