DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
CRS
Docket No: 3456-01
14 December 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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 12 December 2001.
Your allegations of error and
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 7
October 1969 at age 17.
two nonjudicial punishments.
absences totalling 11 days.
On 17 March 1971 you submitted a written request for an
undesirable discharge in order to avoid trial by court-martial
for unauthorized absences totalling 116 days and disrespect.
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 consequences of accepting such a
discharge.
action, you were spared the stigma of a court-martial conviction
and the potential penalties of a punitive discharge and
confinement at hard labor.
You received the undesirable
discharge on 31 March 1971.
In its review of your application the Board carefully weighed all
potentially mitigating factors,
such as your youth and immaturity
Your request was granted and, as a result of this
The record reflects that you received
The offenses included unauthorized
However, the Board found that these
The Board believed that considerable
and the contention that you were told that the discharge would be
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 nearly four months and two prior
unauthorized absences.
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.
The Board concluded that your discharge was proper as
issued and no change is warranted.
In this regard, no law or
military regulation provides for upgrading a discharge based
solely on the passage of time.
been denied.
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.
The names and votes of the members of the panel
Accordingly, your application has
Sincerely,
W. DEAN PFEIFFER
Executive Director
2
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