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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