DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAW ANNEX
WASHINGTON DC 203704100
TRG
Docket No:
8 June 2000
6415-99
Dear
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the 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 7 June 2000.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
your application,
thereof, your naval record and applicable statutes, regulations
and policies.
Documentary material considered by the Board consisted of
together with all material submitted in support
Your allegations of error and
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 8
November 1974 at age 18.
punishment for three periods of unauthorized absence totaling
about 29 days.
On 20 May 1975 you received nonjudicial
Your military record shows that on 13
On 24 May 1975 you began another period of unauthorized absence
which lasted until you were apprehended on 5 January 1976, a
period of about 227 days.
January 1976 you submitted a written request for an undesirable
discharge in order to avoid trial by court-martial for this
period of unauthorized absence.
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.
The Board found that your request was granted on 2
February 1976 and, 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.
You were discharged on 13 February 1976.
Your record also shows that
In its review of your application the Board carefully weighed all
The Board also
potentially mitigating factors, such as your youth, low score on
the aptitude test and the evidence you submitted showing that you
have been a good citizen for many years.
considered your contention that your unauthorized absences were
caused by the need to care for your mother and your younger
The Board found that these factors were
brothers and sisters.
not sufficient to warrant recharacterization of your discharge
given your record of misconduct and especially your request for
discharge to avoid trial for a lengthy period of unauthorized
absence.
submitted none, concerning a family hardship.
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,
confinement at hard labor and a punitive discharge.
Board concluded that you received the benefit of your bargain
when your request for discharge was granted and you should not be
permitted to change it now.
discharge was proper as issued and no change is warranted.
There is no documentation in the record, and you have
The Board concluded that your
However, the Board
you escaped the possibility of
Further, the
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
The names and
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
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