DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
TJR
Docket No: 4936-01
27 December 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'19 December 2001.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
Doc,umentary 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
injustice.
probable material error or
The Board found you enlisted in the Marine Corps on 27 December
1974 at the age of 18.
Your record reflects that during the period from 1 July 1975 to 9
(UA) status on four
May 1977 you were in an unauthorized absence
occasions.
On 17 May 1977 you submitted a written request for an
court-
other than honorable discharge in order to avoid trial by
martial for the foregoing four periods of UA totalling 661 days.
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.
request was 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 of a court-martial conviction and the potential penalties
of a punitive discharge and confinement at hard labor. On 8 June
1977 you were issued an other than honorable discharge.
On 25 May 1977 your
However, the Board concluded these factors were
The Board, in its review of your entire record and application,
carefully considered all mitigating factors, such as your youth
and immaturity.
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.
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,
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.
Accordingly,
your application has been denied.
The
you escaped the possibility
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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