DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 1386-01
24 August 2001
Dear “iii.
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 22 August 2001. Your allegations of error and
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.
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 15 August
1980 at the age of 23. Your record reflects that you served for
two years and three months without disciplinary incident but on
23 November 1982 you received nonjudicial punishment (NJP) for a
day of unauthorized absence (UA) and were awarded a $158
forfeiture of pay, correctional custody for seven days, and
restriction for 14 days. Approximately six months later, on 23
May 1982, you received another NJP for a day of UA. The
punishment imposed was a $164 forfeiture of pay and restriction
and extra duty for 14 days.
Your record further reflects that during the period from 24 June
to 29 July 1983 you were in a UA status for 35 days. On 4 August
1983 you submitted a written request for an undesirable discharge
in order to avoid trial by court-martial for the foregoing period
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
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. Asa
result of 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. On 12 August 1983 you
were so discharged.
The Board, in its review of your entire record and application,
carefully considered all mitigating factors, such as your youth
and immaturity and the character reference letter submitted in
support of your case. 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. 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, 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. Accordingly, your application has been denied.
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
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