DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
NAVY
ANNEX
2
WASHINGTON DC 20370-510
0
S
TRG
Docket No:
28 August 2002
3087-02
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10 of the 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 27 August 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 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 9
September 1979 at age 19.
On 20 February and 7 April 1970 you
received nonjudicial punishment for two periods of unauthorized
absence totaling about 15 days.
on 7 January 1971 and convicted you of an unauthorized absence of
about 238 days.
and confinement at hard labor for three months.
the confinement was suspended.
The court sentenced you to forfeitures of pay
Two months of
A special court-martial convened
Your military record shows that you
On 16 November 1971 you began a period of unauthorized absence
which lasted until you were apprehended on 11 October 1973, a
period of about 706 days.
submitted a written request for an undesirable discharge in order
to avoid trial by court-martial for the 706 day period of
unauthorized absence.
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.
7 December 1973 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.
Boars found that your request was granted on
Your record also shows that prior to
The
The undesirable discharge was issued on 12 December 1973.
In its review of your application the Board carefully weighed all
potentially mitigating factors,
documentation you submitted to support your claim that you have
The Board also considered
been a good citizen for many years.
your contention that your unauthorized absences were caused by
the necessity to care for your wife and three children.
the Board found that these factors were not sufficient to warrant
recharacterization of your discharge given your record of
misconduct and especially your request for discharge to avoid
The Board.
trial for an unauthorized absence of about 706 days.
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,
confinement at hard labor and a punitive discharge.
Board concluded that you received the benefit of your bargain
when your request for discharge was granted and you should not be
permitted to change it now.
discharge was proper as issued and no change is warranted.
you escaped the possibility of
The Board concluded that your
such as your youth and the
However,
Further, the
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
The names and
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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