DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
CRS
Docket No: 3024-01
18 October 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 3 October 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The offenses included an unauthorized absence of 22
The record reflects that you received two nonjudicial
The Board found that you enlisted in the Marine Corps on 4
October 1976 after serving more than a year in the Army National
Guard.
punishments.
days and failure to obey a lawful order.
On 18 October 1977 you submitted a written request for an other
than honorable discharge in order to avoid trial by court-martial
for unauthorized absences totalling 119 days.
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.
action, you were spared the stigma of a court-martial conviction
and potential penalties of a punitive discharge and confinement
at hard labor.
You received the other than honorable discharge
on 7 November 1977.
Prior to
Your request was granted and, as a result of this
In its review of your application the Board carefully weighed all
such as your youth and immaturity
However, the Board found that these
potentially mitigating factors,
and personal problems.
factors were not sufficient to warrant recharacterization of your
discharge given your request for discharge to avoid trial for
unauthorized absences of about four months and your two prior
nonjudicial punishments.
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.
Further, 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.
issued and no change is warranted.
has been denied.
will be furnished upon request.
Accordingly, your application
The names and votes of the members of the panel
The Board concluded that your discharge was proper as
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
2
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