DEPARTMENT
OFTHE NAVY
BOARD FOR CORRECTION OF NAVAL
NAVY
2
ANNEX
RECORD
S
WASHINGTON DC 20370-510
0
TJR
Docket No: 951-02
18 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 16 July 2002.
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
and applicable statutes, regulations,
thereof, your naval record,
and policies.
Your allegations of error and
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 Reserve on 20 November 1972 at
the age of 20, and immediately began a period of extended active
duty.
During the period from 26 March to 6 October 1973 you were in an
unauthorized absence (UA) status on two occasions for a total of
151 days.
administrative or disciplinary action was taken for these periods
of UA.
However, your record does not reflect that any
Shortly thereafter, on 13 August
On 1 November 1973 you began another period of UA that was not
terminated until 6 August 1976.
1976, you submitted a written request for an undesirable
discharge in order to avoid trial by court-martial for the
foregoing period of UA totalling 1,009 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.
Subsequently, your request for discharge was granted and your
commanding officer was directed to issue you an other than
Prior to submitting
honorable discharge.
the stigma of a court-martial conviction and the potential
penalties of a punitive discharge and confinement at hard labor.
On 17 August 1976 you were issued an other than honorable
discharge.
As a result of this action, you were spared
The Board, in its review of your entire record and application,
carefully considered all mitigating factors, such as your youth
and immaturity, and your contention that had you not been in the
Nevertheless, the Board
service, you would not have used drugs.
found the evidence and materials submitted were not sufficient to
warrant recharacterization of your discharge because of the
repetitive and lengthy periods of UA,
discharge to avoid trial.
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.
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.
been denied.
Further, the Board concluded that you
Accordingly, your application has
The Board believed that considerable
and since you requested
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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