DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TJR
Docket No:
27 December 2001
4851-01
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 19 December 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.
The Board found you enlisted in the Marine Corps on 27 September
1974 at the age of 17.
you were convicted by special court-martial (SPCM) of four
periods of unauthorized absence (UA) totalling 39 days.
Your record reflects that on 22 July 1976
You were
sentenced to confinement at hard labor for two months and a $400
forfeiture of pay.
During the period from 1 December 1976 to 22 July 1977 you were
in a UA status on two occasions for 236 days.
you submitted a written request for an other than honorable
discharge in order to avoid trial by court-martial for the
foregoing two periods of UA.
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.
commanding officer was directed to issue you an other than
On 23 August 1977 your request was granted and your
honorable discharge by reason of the good of the service.
result of this action, you were spared the stigma of a
martial conviction and the potential penalties of a punitive
discharge and confinement at hard labor.
were issued an other than honorable discharge.
On 6 September 1977 you
court-
As a
However, the Board concluded these 'factors and
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 had problems
adapting to military life and rebelled against authority.
The
Board also considered your contention that you were told that
your discharge would be automatically upgraded six months after
your separation.
contentions 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.
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 with the Marine Corps when your request
for discharge was granted and you should not be permitted to
change it now.
due to the passage of time.
been denied.
Further, no discharge is automatically upgraded
Accordingly, your application has
The Board believed that considerable clemency was
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
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