DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
X
2 NAVY ANNE
S
WASHINGTON DC
20370-5100
TJR
Docket No: 4729-00
27 September 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 25 September 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
The Board found you enlisted in the Marine Corps on 2 March 1972
at the age of 19.
Your record reflects that on 12 December 1972
you received nonjudicial punishment (NJP) for a 15 day period of
unauthorized absence (UA) and were awarded a $70 forfeiture of
pay and extra duty for 14 days.
On 9 October 1973 you were convicted by
Your record also reflects that during the period from 27 February
to 11 May 1973 you received NJP on three more occasions for
absence from your appointed place of duty and two periods of UA
totalling 35 days.
special court-martial (SPCM) of an 84 day period of UA.
sentenced to a $100 forfeiture of pay, confinement at hard labor
for 60 days, and restriction for 45 days.
On 26 November 1973
you began a 112 day period of UA.
written request for an undesirable discharge in order to avoid
trial by court-martial for the foregoing period of UA.
Your
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.
fifth NJP for an eight day period of UA and disobedience.
punishment imposed was a $70 forfeiture of pay.
On 2 May 1974 you submitted a
You were
On 30 May 1974 you received your
The
Subsequently,
your request was granted and your commanding officer was directed
to issue you an undesirable discharge by reason of the good of
the service.
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.
1974 you were issued an other than honorable discharged.
On 30 May
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 your record contains
evidence which indicates that you received a bad discharge in
error.
The Board further considered your contentions that no
consideration was given to your hardship problems, did
receive proper legal counsel,
and your rights to due process were
unprotected.
However, the Board found the evidence and materials
submitted were not sufficient to warrant recharacterization of
your discharge given the seriousness of your frequent misconduct,
especially your lengthy periods of UA, and your request for
discharge to avoid trial for this offense.
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.
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.
Finally, the Board
noted that there is evidence in the record which shows that you
received proper legal counsel and your right to due process was
therefore protected.
denied.
Accordingly, your application has been
not
Further, the Board
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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