DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-510
0
CRS
Docket No: 6663-00
22 June 2001
Your allegations of error and
application for correction of your
provisions of Title 10, United
Dear
This is in reference to your
naval record pursuant to the
States Code, Section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 20 June 2001.
injustice were reviewed in accordance with administrative
regulations and procedures applicable'to the proceedings of this
Documentary material considered by the Board consisted of
Board.
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 9
February 1971 at age 17.
two nonjudicial punishments and were convicted by a special
The offenses included unauthorized absences
court-martial.
totalling 58 days and'dereliction of duty.
on 15 February 1972, you revealed a history of drug use.
On 19 December 1974 you submitted a written request for an
undesirable discharge in order to avoid trial by court-martial
Prior to submitting
for an unauthorized absence of 947 days.
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.
Your request was granted 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
received.the undesirable discharge on the same
hard labor.
day of your request.
The record reflects that you received
During an interview
You
such as your youth and immaturity
However, the Board found that these factors were not
In its review of your application the Board carefully weighed all
potentially mitigating factors,
and the contention that you should have received a hardship
discharge.
sufficient to warrant recharacterization of your discharge given
your request for discharge to avoid trial for an unauthorized
The Board also noted that you
absence of more than 31 months.
The Board believed that
had three prior disciplinary actions.
considerable clemency was extended to you when your request to
avoid trial by court-martial was approved since, by this action,
you escaped the possibility of confinement at hard labor and a
Further, the Board concluded that you
punitive discharge.
received the benefit of your bargain when your request for
discharge was granted and should not be permitted to change it
In this regard, the record contains no evidence that you
now.
ever applied for a hardship discharge.
application would not excuse or sufficiently mitigate such a
lengthy period of absence.
your discharge was proper as issued and no change is warranted.
The names and
Accordingly, your application has been denied.
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.
Even if you did, such an
Therefore, the Board concluded that
Sincerely,
W. DEAN PFEIFFER
Executive Director
NAVY | BCNR | CY2001 | 04729-00
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 September 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Documentary material considered by the Board consisted of Board. On 30 May The Board, in its review of your entire record and application, carefully considered all mitigating factors, such as your youth and immaturity, and...
NAVY | BCNR | CY2001 | 06415-99
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. not sufficient to warrant recharacterization of your discharge given your record of misconduct and especially your request for discharge to avoid trial for a...
NAVY | BCNR | CY2001 | 04933-01
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. Consequently, when applying for a correction of an official naval record, the...
NAVY | BCNR | CY2001 | 07624-00
The Board You received an undesirable discharge However, the Board found that these factors were not such as your youth and The Board believed that considerable clemency was and the two previous disciplinary In its review of your application the Board carefully weighed all potentially mitigating factors, immaturity. sufficient to warrant recharacterization of your discharge given your request for discharge to avoid trial for unauthorized absences of more than a month, actions. ...
NAVY | BCNR | CY2001 | 05743-01
sufficient to warrant recharacterization of your discharge given your request for discharge to avoid trial for unauthorized absences of more than seven months. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
NAVY | BCNR | CY2001 | 04176-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 October 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Documentary material considered by the Board consisted of Board. While the request is not in your record, it is presumed that you submitted a written request for an undesirable discharge in order It is to avoid trial by...
NAVY | BCNR | CY2000 | 02387-00
A three—member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 May 2001. 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. On 14 August 1975 you submitted a written request for an undesirable discharge in order to avoid trial by court—martial for an unauthorized absence of...
NAVY | BCNR | CY2001 | 05999-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your Your allegations of error and application on 28 November 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. these factors were not sufficient to warrant recharacterization of your discharge to avoid trial for an unauthorized absence of nearly 40 months and your prior unauthorized absences of...
NAVY | BCNR | CY2001 | 03456-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 December 2001. factors were not sufficient to warrant recharacterization of your discharge given your request for discharge to avoid trial for an unauthorized absence of nearly four months and two prior unauthorized absences. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
NAVY | BCNR | CY2001 | 05605-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 July 2001. 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. Consequently, when...