DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
‘.
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
TJR
Docket No: 4126-01
21 November 2001
Dear
w
This is in reference to your
naval record pursuant to the
States Code, Section 1552.
application for correction of your
provisions of Title 10, United
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 14 November 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
Your record reflects that on 1 August 1973 you
The Board found you enlisted in the Marine Corps on 17 July 1972
at the age of 17.
began a 118 day period of unauthorized absence (UA) that was not
terminated until you were apprehended by civil authorities on 26
November 1973.
UA that was not terminated until 26 August 1974 when you were
apprehended by civil authorities.
charged with breaking and entering.
On 17 December 1973 you began a 253 day period of
At that time you were also
On 17 October 1974 you submitted a written request for an
undesirable discharge in order to avoid trial by court-martial
for the foregoing two periods of UA totalling 371 days.
record shows that 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.
granted and your commanding officer was directed to issue you an
other than honorable discharge by reason of the good of the
service.
As a result of this action, you were spared the stigma
Subsequently, your request was
Your
of a court-martial conviction and the potential penalties of a
punitive discharge and confinement at hard labor.
1974 you were issued an other than honorable discharged.
On 25 October
The Board, in its review of your entire record and application,
carefully considered all mitigating factors, such as your youth
and immaturity, and your contention that you were UA because you
However, the Board found the
need to care for your ill mother.
evidence and materials submitted were not sufficient to warrant
recharacterization of your discharge given the seriousness of
your lengthy periods of UA,
and your request for discharge to
avoid trial for these offenses.
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
Further, the Board concluded
labor and a punitive discharge.
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.
Also, the Board noted that
there is no evidence in your record, and you submitted none, to
support your contentions.
denied.
The Board believed that
Accordingly, your application has been
The names and votes of the members of the panel 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.
Sincerely,
W. DEAN PFEIFFER
Executive Director
2
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