DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TJR
Docket No: 2080-02
12 September 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 September 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Documentary material considered by the Board consisted of
Board.
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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Marine Corps on 23 May 1973 at the age of 17.
On 26 October 1974 you received nonjudicial punishment (NJP) for
The punishment
a nine day period of unauthorized absence (UA).
imposed was a $75 forfeiture of pay.
received NJP for an 18 day period of UA and were awarded a $300
forfeiture of pay, restriction for 30 days, and a suspended
reduction in rank.
On 21 July 1975 you
of 211 days.
On 2
During the period from 22 July 1975 to 20 February 1976 you were
in a UA status on three occasions for a total
March 1976 you submitted a written request for an undesirable
discharge in order to avoid trial by court-martial for the
Prior to submitting this request for
foregoing periods of UA.
discharge, you conferred with a qualified military lawyer, were
advised of your rights, and warned of the probable adverse
consequences of accepting such a discharge.
discharge was granted and on 22 March 1976 you received an
undesirable discharge in lieu of trial by court-martial.
result of this action, you were spared the stigma of a
martial conviction and the potential penalties of a punitive
discharge and confinement at hard labor.
Your request for
As a
court-
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
Nevertheless, the Board concluded
your youth and immaturity.
these factors were not sufficient to warrant recharacterization
of your discharge because of your frequent and lengthy periods of
UA which resulted in your request for discharge.
believes that considerable clemency was extended to you when your
request for discharge was approved since, by this action, you
escaped the possibility of confinement at hard labor and a
punitive discharge.
the benefit of your bargain with the Marine Corps when your
request for discharge was granted and should not be permitted to
change it now.
Accordingly, your application has been denied.
The Board
The Board also concluded that you received
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
You are entitled to have the
favorable action cannot be taken.
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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