DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TJR
Docket No: 773-02
11 July 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 9 July 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings
Board.
your application,
thereof, your naval record, and applicable statutes, regulations,
and policies.
of this
Documentary material considered by the Board consisted of
*with all material submitted in support
Your allegations of error and
together
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.
You enlisted in the Marine Corps on 5 August 1981 at the age of
17.
You served for nearly a year without incident but on 16 July
1982 you began a 164 day period of unauthorized absence (UA) that
was not terminated until you were apprehended by civil
authorities on 27 December 1982.
that any administrative or disciplinary action was taken for this
period of UA.
Your record does not reflect
On 4 February 1983 you began another period of UA that was not
Shortly thereafter, on 30 May
terminated until 26 May 1985.
1985, you submitted a written request for an undesirable
discharge in order to avoid trial by court-martial for the
foregoing period of UA totalling 843 days.
this request, you conferred with a qualified military lawyer at
which time you were advised of your rights and warned of the
of accepting such a discharge.
probable adverse consequences
Subsequently, your request for discharge was granted and your
commanding officer was directed to issue you an other than
honorable discharge.
the stigma of a court-martial conviction and the potential
As a result of this action, you were spared
Prior to submitting
penalties of a punitive discharge and confinement at hard labor.
On 10 June 1985 you were issued an other than honorable
discharge.
The Board, in its review of your entire record and application,
carefully considered all mitigating factors, such as your youth
and your contention that
and immaturity, post service conduct,
you sought other avenues so that you could be released from the
service, but your requests for assistance were not acknowledged
and you did not receive any
Nevertheless, the Board found the evidence and materials
submitted were not sufficient to warrant recharacterization of
your discharge because of the lengthy period of UA for which you
requested discharge to avoid trial and the earlier period of UA.
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,
Further,
of confinement at hard labor and a punitive discharge.
the Board concluded that you received the benefit of your bargain
with the Marine Corps when your request for discharge was granted
Accordingly,
and you should not be permitted to change it now.
your application has been denied.
counselling for your problems.
you escaped the possibility
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 PFEIFFER
Executive Director
2
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