DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 2878-01
2 November 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 31 October 2001.
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 14
The record reflects that on 9 May 1983
October 1982 at age 18.
you were convicted by a summary court-martial of an unauthorized
absence of 21 days and disrespect.
On 14 March 1986 you submitted a written request for an other
than honorable discharge in order to avoid trial by court-martial
Prior to submitting
for an unauthorized absence of 269 days.
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.
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
hard labor.
April 1986.
You received the other than honorable discharge on 9
In its review of your application the Board carefully weighed all
potentially mitigating factors,
such as your youth and immaturity
and the contention that you were told that the discharge would be
However, the Board found that these
upgraded after six months.
factors were not sufficient to warrant recharacterization of your
discharge given your request for discharge to avoid trial for an
unauthorized absence of nine months and a prior unauthorized
absence.
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
discharge.
benefit of your bargain when your request for discharge was
granted and should not be permitted to change it now.
concluded that your discharge was proper as issued and no change
is warranted.
provides for upgrading a discharge based solely on the passage of
time.
and votes of the members of the panel will be furnished upon
request.
Further, the Board concluded that you received the
In this regard, no law or military regulation
The Board
Accordingly, your application has been denied.
The names.
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
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