DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS
Y
2 NAVY ANNEX
WASHINGTON DC 203704100
CRS
Docket No: 2527-00
25 August 2000
Your allegations of error and
The record reflects that you received
Dear
This is in reference to your application for correction of your
nava$*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 23 August 2000.
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.
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 29
December 1972 at age 18.
five nonjudicial punishments and were convicted by a summary
court-martial.
restriction, having a radio on watch, having a bottle of wine in
the barracks, stealing five gallons of gasoline and failure to
obey a lawful order.
Your military record shows that on 6 June 1974 you submitted a
written request for an undesirable discharge in order to avoid
trial by court-martial for failure to obey a lawful order on five
Your
occasions and absence from your appointed place of duty.
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
The Board found that
consequences of accepting such a discharge.
your request was granted 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
The offenses included disrespect, breaking
You received an undesirable discharge on 10 July
such as your youth and
The names and
The Board also noted your six disciplinary
The Board believed that considerable clemency was
hard labor.
1974.
In its review of your application the Board carefully weighed all
potentially mitigating factors,
immaturity.
However, the Board found that these factors were not
sufficient to warrant recharacterization of your discharge given
your request for discharge to avoid trial for failure to obey a
lawful order on five occasions and absence from your appointed
place of duty.
actions.
extended to you when your request to avoid trial by court-martial
was approved since, by this action,
of confinement at hard labor and a punitive discharge.
the Board concluded that you received the benefit of your bargain
when your request for discharge was granted and should not be
permitted to change it now.
The Board also noted your contention
that you received ineffective assistance of counsel.
However,
the record reflects that you were properly advised by your
military counsel.
Therefore, the Board concluded that your
discharge was proper as issued and no change is warranted.
Accordingly, your application has been denied.
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.
you escaped the possibility
Further,
Sincerely,
W. DEAN PFEIFFER
Executive Director
copy to:
The American Legion
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