DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
CRS
Docket No: 5743-01
10 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 28 November 2001. Your allegations of error and
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.
After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you enlisted in the Marine Corps on 19
On 1 September 1976 you submitted a
February 1974 at age 17.
written request for an undesirable discharge in order to avoid
trial by court-martial for unauthorized absences totalling 217
days.
qualified military lawyer at which time you were advised of your
rights and warned of the probable adverse consequences of
Your request was granted and, as a
accepting such a discharge.
court-
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.
undesirable discharge on 29 September 1976.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and
However, the Board found that these factors were not
immaturity.
sufficient to warrant recharacterization of your discharge given
your request for discharge to avoid trial for unauthorized
absences of more than seven months.
Prior to submitting this request you conferred with a
You received the
The Board believed that
Accordingly, your application
The names and votes of the members of the panel
considerably 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
Further, the Board concluded
labor and a punitive discharge.
that you received the benefit of your bargain when your request
for discharge was granted and should not be permitted to change
The Board concluded that your discharge was proper as
it now.
issued and no change is warranted.
has been denied.
will be furnished upon request.
It is regretted that the circumstances of your case are such that
You are entitled to have the
favorable action cannot be taken.
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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