DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
ELP
Docket No. 3202-01
5 October 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.
considered your application on
Your allegations of error and injustice were
A three-member panel of the Board for Correction of Navy Records,
sitting in executive session,
3 October 2001.
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 1 April
1971 for four years at age 21.
The record reflects that on
20 March 1972 you requested and were granted an exemption in
accordance with the Drug Exemption Program.
removed from that program on 18 July 1972 and were advanced to
LCPL (E-3).
However, you were
The medical record reflects that you were admitted to a Naval
hospital for infectious hepatitis.
are not on file in your medical record.
Further facts on this illness
The record reflects that you served without further incident
until 30 January 1993 when you received nonjudicial punishment
(NJP) for a six day period of unauthorized absence (UA). On
8 February 1983 you received a second NJP for being drunk on
duty.
On 7 June 1973 you were reported UA again when you failed to
comply with orders.
until your surrender to military authorities on 19 April 1976.
You remained absent for nearly three years,
On 11 May 1976 you submitted a request for an undesirable
discharge for the good of the service to escape trial by
martial for the foregoing 1057 day period of UA.
submitting this request you conferred with a qualified
lawyer at which time you were advised of your rights and warned
of the probable adverse consequences of accepting such a
discharge.
it to be sufficient in law and fact.
discharge authority approved the request and directed an
undesirable discharge.
A staff judge advocate reviewed the request and found
You were so discharged on 15 June 1976.
On 21 May 1976 the
Prior to
m'llitary
court-
.-
However,
you. got in Okinawa reappeared.
You claim that in April 1999 the
In its review of your application the Board conducted a careful
search of your service record for any mitigating factors which
might warrant a recharacterization of your discharge.
no justification for such a change could be found.
The Board
noted your contentions to the effect that after doing a tour in
Okinawa you contracted infectious hepatitis, were hospitalized,
and three month's later received orders to go back to Okinawa.
You went UA thinking that if you returned to Okinawa, you might
catch hepatitis again.
hepatitis
concluded that your contentions were insufficient to warrant
recharacterization of your discharge given your record of two
NJPs and the fact that you accepted discharge rather than face
trial by court-martial for a period of UA of nearly three years.
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,
of confinement at hard labor and a punitive discharge.
Further,
the 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.
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
However, the Board
You should contact the Department of Veterans Affairs (DVA) to
see if your hepatitis is service-connected.
determination is made,
the DVA might provide you with treatment.
However, this Board has no authority for matters that fall under
the purview of another agency.
If such a
It is regretted that the circumstances of your case are such
that favorable action cannot be taken.
the Board reconsider its decision upon submission of new and
material evidence or other matter not previously considered by
You are entitled to have
2
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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