DEPARTMENT
]9F
TH; NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TRG
Docket No: 1628-01
10 July 2001
Dear
B
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10 of the 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 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
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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you enlisted in the Marine Corps on 12
December 1974 at age 18.
unauthorized absence which lasted until you were apprehended on
23 March 1976.
On 11 August 1975 you began a period of
Your military record shows that you submitted a written request
for an undesirable discharge in order to avoid trial by
court-
martial for the foregoing 225 day period of unauthorized absence.
Your record also shows that 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.
your request wasâgranted on 7 May 1976 and, as a 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.
You were discharged on 11 May 1976.
The Board found that
In its review of your application the Board carefully weighed all
potentially mitigating factors,
such as your youth and desire for
The Board found that these factors were not
a better discharge.
sufficient to warrant recharacterization of your discharge given
your lengthy period of unauthorized absence and especially your
request for discharge to avoid trial for the offenses.
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
when your request for discharge was granted and you should not be
permitted to change it now.
discharge was proper as issued and no change is warranted.
you escaped the possibility of
The Board concluded that your
The Board
Further, the
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
The names and
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
NAVY | BCNR | CY2001 | 05492-01
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. The However, the presumably for at least such as your youth and your The Board found that In its review of your application the Board carefully weighed all potentially mitigating factors, expression of regret for your actions. Consequently, when applying for a correction of an official...
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A'three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application 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 your application, together with all material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies. discharged.
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The Board You received an undesirable discharge However, the Board found that these factors were not such as your youth and The Board believed that considerable clemency was and the two previous disciplinary In its review of your application the Board carefully weighed all potentially mitigating factors, immaturity. sufficient to warrant recharacterization of your discharge given your request for discharge to avoid trial for unauthorized absences of more than a month, actions. ...
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sufficient to warrant recharacterization of your discharge given your request for discharge to avoid trial for unauthorized absences of more than seven months. that you received the benefit of your bargain when your request for discharge was granted and should not be permitted to change The Board concluded that your discharge was proper as it now. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
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A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 October 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Board found that these factors were not sufficient to warrant recharacterization of your discharge given your request for discharge to avoid trial for unauthorized absences and disobedience, and your three prior...
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A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 July 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Documentary material considered by the Board consisted of Board. The Board also The Board found that these factors were not sufficient to warrant recharacterization of your discharge given your record of misconduct and especially...
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A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 October 2005. 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. You were discharged on 11 June 1976.
NAVY | BCNR | CY2001 | 00975-01
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. 1977 you were so discharged. 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.
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A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 December 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. you submitted a written request for an other than honorable discharge in order to avoid trial by court-martial for the foregoing two periods of UA. Consequently, when applying for a correction of an official...