DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TJR
Docket No: 1860-01
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.
your application,
thereof,
and policies.
Documentary material considered by the Board consisted of
together with all material submitted in support
your naval record, and applicable statutes, regulations,
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 23 November
1973 at the age of 18.
again on 20 April 1972 you received nonjudicial punishment
for fighting and an 11 day period of unauthorized absence
Your record reflects that on 27 March and
(NJP)
WA).
Your record also reflects that during the period from 6 July 1972
to 26 January 1975 you were UA on eight occasions for a total of
512 days.
On 6 May 1975 you submitted a written request for an
undesirable discharge in order to avoid trial by court-martial
for the foregoing periods of UA.
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.
commanding officer was directed to issue you an other than
honorable discharge by reason of the good of the service.
result of this action, you were spared the stigma of a
martial conviction and the potential penalties of a punitive
discharge and confinement at hard labor.
issued an other than honorable discharged.
Subsequently, your request was granted and your
Your record shows that prior to
As a
court-
On 22 May 1975 you were
The Board found the evidence and
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 periods of UA were
the result of your commanding officer taking away your military
occupation specialty (MOS).
However, the Board noted that you
submitted no evidence to support this contention, and the record
contains no such evidence.
materials submitted were not sufficient to warrant
recharacterization of your discharge given the seriousness of
your repetitive and lengthy periods of UA, and your request for
discharge to avoid trial for these offenses.
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.
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.
application has been denied.
The Board believed
Further, the Board
Accordingly, your
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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