DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 4933-01
27 December 2001
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 3 December
1973 at the age of 18.
completed 11 years of formal education and had a general
classification test
Group IV.
At the time of enlistment you had
(GCT) score of 27,
which placed you in Mental
Your record reflects that on 11 November 1974 you received
nonjudicial punishment
of your duties and were awarded a $50 forfeiture of pay.
(NJP) for dereliction in the performance
Your record further reflects that on 19 May 1975 you submitted a
written request for an undesirable discharge in order to avoid
trial by court-martial for two periods of unauthorized absence
(UA) totalling 18 days and disobedience. 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.
On 29 May 1975 your commanding officer recommended
your request be approved.
follows:
The recommendation noted, in part, as
During an interview conducted on 20 May 1975, (Member)
reaffirmed his desire for an undesirable discharge.... his
mother died recently (and) he thought the Marine Corps did
not allow him to go home on leave enough while his mother
was ill.... as a result, he had no desire to remain in the
Marine Corps.... he was granted two individual periods of
leave and was home when his mother passed away.... his past
contribution to the Marine Corps has been minimal.... his
future worth shows no signs of improvement.... recommended
that his request for discharge be approved.
On 9 June 1971 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.
honorable discharge.
On 13 June 1975 you were issued an other than
The Board, in its review of your entire record and application,
.mitigating factors, such as your youth
carefully considered all
and immaturity, limited education, low test scores, and your
contention that you should have received a hardship discharge
because you had to take care of your mother and your siblings.
However, the Board concluded. these factors and contention were
not sufficient to warrant recharacterization of your discharge
given your misconduct, your relatively brief period of service,
and your request for discharge to avoid trial for your repeated
periods of UA.
commanding officer's letter of 39 May 1975, in which he stated
that you had been granted leave in connection with your mother's
death, and had been given a change to
for discharge, but declined to do so.
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.
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.
has been denied.
the Board also noted the
Along these lines,
"back
out" of your request
The Board believed that
Accordingly, your application
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
2
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
3
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