DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
TJR
Docket No: 1726-01
9 October 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 2 October 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.
The Board found you enlisted in the Marine Corps on 12 July 1973
at the age of 18.
(UA) status
On 6 August 1976 you submitted
Your record reflects that during the period from 7 January 1974
to 26 July 1976 you were in an unauthorized absence
on three occasions for 867 days.
a written request for an undesirable discharge in order to avoid
trial by court-martial for the foregoing three periods of UA.
Your record 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.
request was granted and your commanding officer was directed to
issue you an undesirable 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.
1976 you were so discharged.
Subsequently, your
As a result of this action,
you were spared the stigma
On 20 August
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 you went UA because you
However, the Board found the
could not adapt to military life.
evidence and materials submitted were not sufficient to warrant
recharacterization of your discharge given the seriousness of
your lengthy periods of UA and your request for discharge to
avoid trial for these offenses.
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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