DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TJR
Docket No: 2131-01
10 September 2001
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 6 September 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 Navy on 6 July 1977 at the
age of 18.
Your record reflects that on 11 May 1978 you received
nonjudicial punishment (NJP) for the theft of government property
valued at $17.85.
paygrade E-l and a suspended forfeiture totalling $50.'
The punishment imposed was a reduction to
WA) that was not terminated until you were apprehended
On 31 August 1978 you began a 256 day period of unauthorized
absence
by civil authorities on 18 March 1979.
received NJP for a three day period of UA and was awarded a $150
forfeiture of pay.
On 28 June 1979 you
During the period from 22 July 1979 to 26 August 1980 you were in
a UA status on five occasions for a total of 272 days.
Your
record reflects that you were also apprehended and confined by
civil authorities for burglary during this period of UA.
Prior to submitting this
Although there is no documentation in the record, it appears that
you submitted a written request for an undesirable discharge in
order to avoid trial by court-martial for the foregoing six
periods of UA totalling 528 days.
request, you would have been required to confer with a qualified
military lawyer at which time you would have been advised of your
rights and warned of the probable adverse consequences of
accepting such a discharge.
granted and your commanding officer was
other than honorable discharge for 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.
shows that
with your
avoid trial by court-martial.
c'n 8 September 1980 you were discharged in accordance
r,equest for discharge for the good of the service to
It appears that your request was
The record clearly
directed to issue you an
As a
court-
counselling
in the Navy, you did not receive proper
However, 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 contentions that there was no violence
involved in your civil offenses and these offenses were minor and
isolated incidents, you did not complete a mental examination
even though you had a history of mental illness, you were forced
to enlist
regarding your discharge, your discharge was too harsh, you
should have received a medical discharge, and your ability to
serve was impaired.
materials submitted were not sufficient to warrant
recharacterization of your discharge given your lengthy periods
of UA, and your request for discharge to avoid trial for these
periods of
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
Further, the Board concluded that you received the
discharge.
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.
The Board also noted that there is no evidence in
the record, and you submitted none, to support your contentions.
Even if your absences were due to family and marital problems,
those problems would not excuse or mitigate an absence of nearly
two years.
Accordingly, your application has been denied.
(JA.
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.
2
rega.rd, it is important to keep in mind that a
In this
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
3
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