DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
CRS
Docket No: 7411-01
7 December 2001
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 5 December 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.
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.
The Board found that you enlisted in the Marine Corps on 13 June
1977 at age 21.
nonjudicial punishments.
failure to obey a lawful order on three occasions.
The record reflects that you received two
The offenses included disrespect and
On 11 August 1978 you submitted a written request for an other
than honorable discharge in order to avoid trial by court-martial
for unauthorized absences totalling 157 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 potential penalties of a punitive discharge and
confinement at hard labor.
discharge on 5 September 1978.
Your request was granted and, as a result of this
You received the other than honorable
Prior to
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and
However, the Board found that these factors were not
immaturity.
sufficient to warrant recharacterization of your discharge given
your request for discharge to avoid trial for unauthorized
absences of more than five months and two prior disciplinary
actions.
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.
benefit of your bargain when your request for discharge was
granted and should not be permitted to change it now.
concluded that your discharge was propr as issued and no change
is warranted.
The names and votes of the members of the panel will be furnished
upon request.
Further, the Board concluded that you received the
Accordingly, your application has been denied.
The Board
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 PFEIFFER
Executive Director
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