DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
CRS
Docket No: 6905-00
25 June 2001
B
Your allegations of error and
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 20 June 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.
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 10
October 1972 at age 18.
two nonjudicial punishments.
absences totalling 63 days.
On 18 January 1977 you submitted a written request for an other
than honorable discharge in order to avoid trial by court-martial
for unauthorized absences totalling 140 days.
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.
action, you were spared the stigma of a court-martial conviction
and the
You received the other than honorable
confinement at hard labor.
discharge on 8 February 1977.
On 19 December 1977 the Naval Discharge Review Board denied your
request to change the characterization of your service to
Your request was granted and, as a result.of this
potentiait penalties of a punitive discharge and
The record reflects that you received
The offenses included unauthorized
Prior to
such as your youth and immaturity
The Board believed that considerable clemency was
general.
In its review of your application the Board carefully weighed all
potentially mitigating factors,
However,
and the contention that NDRB upgraded your discharge.
the Board found that these factors were not sufficient to warrant
recharacterization of your discharge given your request for
discharge to avoid trial for unauthorized absences totalling more
than four months, and prior absences totalling more than two
months.
extended to you when your request to avoid trial by court-martial
you escaped the possibility
was approved since, by this action,
Further,
of confinement at hard labor and a punitive discharge.
the Board concluded that you received the benefit of your bargain
when your request for discharge was granted and should not be
permitted to change it now.
NDRB denied your request for a change in the characterization of
Therefore, the Board concluded that your
your discharge.
discharge was proper as issued and no change is warranted.
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.
In this regard, it is clear that the
The names and
Sincerely,
W. DEAN PFEIFFER
Executive Director
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