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NAVY | BCNR | CY2002 | 01425-02
Original file (01425-02.pdf) Auto-classification: Denied
DEPARTMENT OF THE  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:  1425-02 
14 June 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 12 June 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 30 
December 1976 at age 19.  The record reflects that you received 
two nonjudicial punishments.  The offenses included unauthorized 
absences totalling 101 days.  On 19 December 1977 you were 
c o n v i c t d  by  civil a u t h n r i t i e ~  of assault with intent to commit 
robbery.  The sentence of the court is not in the record. 

On 21 November 1978 you submitted a written request for an other 
than honorable discharge in order to avoid trial by court-martial 
for unauthorized absences of 222 days.  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 other than honorable discharge on 4 December 1978. 

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 unauthorized 
absences totalling more than seven months, the prior unauthorized 
absences of more than three months, and your conviction by civil 
authorities.  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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