DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TJR
Docket No: 1179-01
26 July 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 17 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.
Your record reflects that on 29 September 1969
(UA) that was
The Board found you enlisted in the Marine Corps on 5 June 1969
at the age of 19.
you began a 163 day period of unauthorized absence
not terminated until you were apprehended by the Federal Bureau
of Investigation (FBI) on 12 March 1970.
Shortly thereafter, on
26 March 1970, 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.
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.
you were so discharged.
As a result of this action, you were spared the stigma
Prior to submitting this request, you
Subsequently, your
On 4 June 1970
The Board, in its review of your entire record and application,
carefully considered all mitigating factors, such as your youth
and immaturity and your contention that your discharge was
inequitable because it was based on one isolated incident.
However, the Board found the evidence and materials submitted
were not sufficient to warrant recharacterization of your
discharge given your lengthy period of UA, and your request for
discharge to avoid trial for this period of UA.
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,
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 names and votes of the members of the panel will be furnished
upon request.
you escaped the possibility of
The Board
Further, the
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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