Y
DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 203704100
ELP
Docket No. 2544-00
15 September 2000
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 7 September 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
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 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 30 May
1972 for two years at age 19.
advanced to PFC (E-2) and served without incident until
13 November 1972 when you reported as an unauthorized absentee
WA). You remained absent until you surrendered to military
Charges were referred to a
authorities on 9 January 1973.
special court-martial on 1 February 1973.
again from 2 March to 17 April 1993.
The record reflects that you were
However, you went UA
On 14 May 1973 you submitted a request for an undesirable
discharge for the good of the service to escape trial by
court-
martial for the foregoing two periods of UA, and disobedience of
Prior to submitting this request you conferred
a lawful order.
with a qualified military lawyer at which time you were advised
of your rights and warned of the probable adverse consequences of
A staff judge advocate reviewed the
accepting such a discharge.
request and found it to be sufficient in law and fact. On
14 June 1973 the discharge authority directed an undesirable
discharge for the good of the service.
27 June 1973.
You were so discharged on
and the fact that it
The Board
The Board concluded that the foregoing
In its review of your application the Board carefully weighed all
potentially mitigating factors such as your youth and immaturity,
low test scores, need for veterans benefits,
has been more than 27 years since you were discharged.
noted your contention that without an upgrade in your discharge,
you will be homeless.
factors and contention were insufficient to warrant
recharacterization of your discharge given the fact that you
requested discharge rather than face trial by court-martial for
two periods of UA totalling more than three months.
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,
confinement at hard labor and a punitive discharge.
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.
The fact that
you now need veterans benefits and may become homeless, this does
not provide a valid basis for recharacterizing your service.
Board concluded that the discharge was proper and no change is
warranted.
Accordingly, your application has been denied. The
names and votes of the members of the panel will be furnished
upon request.
you escaped the possibility of
Further, the
The
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
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