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Decision Text

NAVY | BCNR | CY2001 | 06606-01
Original file (06606-01.pdf) Auto-classification: Denied
DEPARTMENT  OF  THE  NAVY 

B O A R D   F O R   C O R R E C T I O N   O F   N A V A L   R E C O R D S  

2   N A V Y   A N N E X  

W A S H I N G T O N   D C   2 0 3 7 0 - 5 1 0 0  

TJR 
Docket No:  6606-01 
12 March 2002 

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 5 March 2002.  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 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 September 
1971 at the age of 20.  Your record reflects that on 4 October 
1972 you were convicted by  special court-martial  (SPCM) of a 139 
day period of unauthorized absence  (UA) and were  sentenced to 
hard labor and restriction for 60 days, a $160 forfeiture of pay, 
and reduction to paygrade E-1. 

On  19 March  1973 you received nonjudicial punishment  (NJP) for 
failure to go to your appointed place of duty and were awarded 
restriction for 14 days. 

The record further reflects that on 14 June 1973 you submitted a 
written request for an undesirable discharge in order to avoid 
trial by court-martial for the two periods of UA totalling 124 
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.  Subsequently, your 
request for discharge was  granted and your commanding officer  was 

directed to issue you an undesirable discharge.  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 5 July 1973 you were issued an 
undesirable discharge. 

The Board,  in its review of your entire record and application, 
carefully considered all mitigating  factors, such as your youth 
and immaturity.  However, the Board found the evidence and 
materials submitted were not sufficient to warrant 
recharacterization of your discharge given your frequent periods 
of UA, and the lengthy periods of UA which resulted in your 
request for discharge to avoid trial.  The 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, 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.  Accordingly, your application 
has been denied. 

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 PF'EIFF'ER 
Executive Director 



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