DEPARTMENT OF THE NAVY
BOARD FORCORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 1168-01
10 August 2001
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 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 7 August 2001.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
your application, together with all material submitted in support
thereof, your naval record,
and applicable statutes, regulations,
and policies.
Documentary material considered by the Board
Your allegations of error and
cons-isted of
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 9 September
1974 at the age of 18.
1975 you were convicted by special court-martial (SPCM) of an 81
You were sentenced to
day period of unauthorized absence
a $300 forfeiture of pay,
confinement at hard labor for 45 days,
and reduction to
Your record reflects that on 23 September
paygrade E-l.
(UA).
a
Your record further reflects that on 28 December 1975 you began
97 day period of UA that was not terminated until 5 April 1976.
On 21 April 1976 you submitted a written request for an
undesirable discharge in order to avoid trial by court-martial
for the foregoing period of UA.
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.
Subsequently, your request was granted and your commanding
officer was directed to issue you an other than honorable
discharge for the good of the service.
action, you were spared the stigma of a court-martial conviction
and the potential penalties of a punitive discharge and
confinement at hard labor.
Prior to submitting this
As a result of this
On 7 May 1976 you were so discharged.
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 your frequent and
lengthy periods of UA and your request for discharge to avoid
trial for a lengthy period of UA.
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 with the Marine
Corps when your request for discharge was granted and you should
not be permitted to change it now.
has been denied.
The Board believed that
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
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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