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Decision Text

NAVY | BCNR | CY2002 | 01421-02
Original file (01421-02.pdf) Auto-classification: Denied
D E P A R T M E N T   OF T H E   NAVY 

B O A R D   F O R   C O R R E C T I O N   O F   N A V A L   R E C O R D S  

2  N A V Y   A N N E X  

W A S H I N G T O N   D C   2 0 3 7 0 - 5 1 0 0  

CRS 
Docket No:  1421-02 
15 April 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 10 April 2002.  Your allegations of error and 
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 29 
November 1968 at age 17.  The record reflects that on 13 February 
1970 you were convicted by a special court-martial of 
unauthorized absences totalling 45 days and breaking restriction. 

On 15 July 1970 you submitted a written request for an 
undesirable discharge in order to avoid trial by court-martial 
for failure to go to your appointed place of duty, sleeping on 
post in a designated hostile fire area, and carelessly 
discharging a firearm.  Prior to 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.  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 hard labor.  You 
received the undesirable discharge on 25 August 1970. 

In its review of your application the Board carefully weighed all 

potentially mitigating factors, such as your youth and 
immaturity.  However, the Board found that these factors were not 
sufficient to warrant recharacterization of your discharge given 
your request for discharge to avoid trial for serious offenses, 
and the prior unauthorized absences of more than a month.  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.  Further, 
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.  The Board concluded that your 
discharge was proper as issued and no change is warranted, 
Accordingly, your application has been denied.  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 



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