DEPARTMENT OF THE
BOARD FOR CORRECTION OF NAVAL RECORDS
NAVY
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 1217-00
27 June 2000
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 13 June 2000.
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 26 September
1969 at the age of 18.
Your record reflects that you served for
a year and six months without incident but on 11 March 1971
you
were convicted by summary court-martial (SCM) of a three day
period of unauthorized absence
You were sentenced to confinement at hard labor for 10 days,
restriction for 30 days,
to
forfeitures totalling $71, and reduction
(UA) and breaking restriction.
paygrade E-l.
Prior to submitting this request, you
Your record further reflects that on 2 November 1971 you
submitted a written request for an undesirable discharge for good
of the service in order to avoid trial by court-martial for a 177
day period of UA.
consulted with a qualified military lawyer at which time you
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 by reason of the good of the
service.
of a court-martial conviction and the potential penalties of a
punitive discharge and confinement at hard labor.
1971 you were so discharged.
As a result of this action, you were spared the stigma
Your request was
were
On 21 December
t
such as your youth and
However, the Board
The Board further considered your contentions that
The Board, in its review of your entire record and application
considered all mitigating factors,
immaturity and your contention that you would like your discharge
upgraded.
your discharge was unjust and your ability to serve was impaired
due to your medical and mental problems.
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
the same.
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.
The Board concluded that you received the
benefit of your bargain with the Marine Corps when your request
was granted and you should not be permitted to change it now.
Accordingly, your application has been denied.
Further, the Board believed that considerable clemency
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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