DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TJR
Docket No: 4903-01
27 December 2001
Dear
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 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 16 February
1968 at the age of 17.
Your record reflects that on 4 December
1968 you received nonjudicial punishment (NJP) for a two periods
of unauthorized absence (UA) totalling 56 days and breaking
restriction.
30 days and reduction to
The punishment imposed was correctional custody for
paygrade E-l.
Your record further reflects that on 17 July 1969 you were
convicted by special court-martial (SPCM) of four periods of UA
totalling 80 days, failure to obey a lawful order, and
disobedience.
for three months and a $234 forfeiture of pay.
You were sentenced to confinement at hard labor
On 30 January 1970 you were convicted by SPCM of a 99 day period
of UA and were sentenced to confinement at hard labor for a
month, restriction for a month,
and an $80 forfeiture of pay.
During the period from 26 March 1970 to 5 May 1971 you were in a
UA status on two occasions for 350 days.
submitted a written request for an undesirable discharge in order
to avoid trial by court-martial for the foregoing two periods of
Your record shows that prior to submitting this request, you
UA.
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.
request was granted and your commanding officer was directed to
issue you an undesirable discharge.
you were spared the stigma of a court-martial conviction and the
potential penalties of a punitive discharge and confinement at
hard labor.
arrested by civil authorities on charges of burglary and
aggravated assault.
civil authorities you were issued an undesirable discharge.
On 28 July 1971, while awaiting discharge, you were
On 13 October 1971, while in the custody of
As a result of this action,
On 1 June 1971 you
On 22 July 1971 your
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 went
UA.to be with
your ailing mother.
However, the Board concluded these factors
and contention 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.
in your record, and you submitted none, to support your
contention.
The Board believed that considerable clemency was
Also, the Board noted that there is no evidence
Accordingly, your application has been denied.
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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