OF THE NAV Y
DEPARTMENT
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY ANNEX
WASHINGTON DC
20370-5100
TJR
Docket No: 6461-99
13 June 2000
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 6 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 policies.
Documentary material considered by the Board consisted of
together with all material submitted in support
and applicable statutes, regulations,
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 1 February
Your record shows that on 12 July 1972
1972 at the age of 18.
you received nonjudicial punishment for two periods of
unauthorized absence (UA) totalling 18 days.
imposed was correctional custody for seven days and a $50
forfeiture of pay.
The punishment
Prior to
On 29 May 1973 you submitted a written request for an undesirable
discharge for good of the service in order to avoid trial by
court-martial for two periods of UA totalling 188 days.
submitting this request, you consulted 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.
was directed to issue you an other than honorable discharge by
As a result of this action,
reason of the good of the service.
you were spared the stigma of a court-martial conviction and the
potential penalties of a punitive discharge and confinement at
hard labor.
Your request was granted and your commanding officer
On 7 June 1973 you were so discharged.
and your contention that
The Board, in its review of your entire record and application
considered all mitigating factors, such as your youth and
immaturity, good post service conduct,
you would like your discharge upgraded so that you may obtain
medical benefits and a military burial.
considered your contention that you did not understand the
consequences of an undesirable discharge.
found the evidence and materials submitted were not sufficient to
warrant recharacterization of your discharge given your frequent
Further, the Board believed that considerable
periods of UA.
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
The Board concluded that you received the
punitive discharge.
benefit of your bargain with the Marine Corps when your request
was granted and you should not be permitted to charge it now.
Accordingly, your application has been denied.
The Board also
However, the Board
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
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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