DEPARTMENTOFTHE NAV
BOARD FOR CORRECTION OF NAVAL RECORD
Y
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
CRS
Docket No: 3309-02
15 August 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 14 August 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
your application, together
thereof, your naval record and applicable statutes, regulations
and policies.
Documentary material considered by the Board consisted of
With all material submitted in support
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 19
The record reflects that you received four
September 1972.
nonjudicial punishments.
absence of a day, failing to sign a restriction log on two
occasions, willful disobedience of a lawful order, and assault.
The offenses included an unauthorized
On 9 June 1976 you submitted a written request for an undesirable
discharge in order to avoid trial by court-martial for
Prior to submitting
unauthorized absences totalling 419 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.
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
You received the undesirable discharge on 21 July
hard labor.
1976.
..
In its review of your application the Board carefully weighed all
However, the Board found that these factors were not
factors, such as your youth and
The Board believed that considerable clemency was
potentially mitigating
immaturity.
sufficient to warrant recharacterization of your discharge given
your request for discharge to avoid trial for unauthorized
absences totalling about 14 months,
actions.
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.
benefit of your bargain when your request for discharge was
granted and should not be permitted to change it now.
concluded that your discharge was proper as issued and no change
is warranted.
The names and votes of the members of the panel will be furnished
upon request.
Further, the Board concluded that you received the
and the four disciplinary
Accordingly, your application has been denied.
The Board
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
2
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