DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 1878-00
25 August 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 15 August 2000.
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.
your application, together with all material submitted in support
and applicable statutes, regulations,
thereof, your naval record,
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.
Your record reflects that on 31 July 1981
The Board found you enlisted in the Marine Corps on 1 October
1980 at the age of 19.
you received nonjudicial punishment (NJP) for a 71 day period of
The punishment imposed was reduction
unauthorized absence (UA).
paygrade E-l, restriction for 60 days, and a $500 forfeiture
to
of pay.
court-martial (SPCM) of a 24 day period of UA and breaking
restriction.
45 days.
On 29 September 1981 you were convicted by special
You were sentenced to confinement at hard labor for
On 20 July 1982 you submitted a written request for an
undesirable discharge in order to avoid trial by court-martial
for two periods of UA totalling 266 days.
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.
.
granted and your commanding officer was directed to issue you an
other than honorable discharge by reason of the good of the
service.
As a result of this action, you were spared the stigma
Your request was subsequently
Your record reflects
of a court-martial conviction and the potential penalties of a
punitive discharge and confinement at hard labor.
1982 you were so discharged.
On 29 July
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 would like your
discharge upgraded.
The Board also considered your contentions
that your discharge has been hanging over your head for 18 years
and you would now like closure.
However, the Board found the
evidence and materials submitted were not sufficient to warrant
recharacterization of your discharge given your frequent periods
of UA and your request for discharge to avoid trial.
The Board
believed that considerable clemency was extended to you when your
request for an undesirable discharge 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 a clemency discharge was granted and should not
be permitted to change your discharge 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
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
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