DEPARTMENT OF THE NAV
Y
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
WMP
Docket No:
5 September 2002
3444-02
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,
application on 4 September 2002.
injustice were reviewed in accordance with administrative
regulations and procedures. applicable to the proceedings of this
Board.
of your application, together with all material submitted in
support thereof, your naval record and applicable statutes,
regulations and policies.
Documentary material considered by the Board consisted
Your allegations of error and
considered your
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 3 March
1978 for four years at age 17.
served without incident until 7 January 1980, when you received
nonjudicial punishment (NJP) for eight day period of
unauthorized absence.
of $125 and 14 days of restriction.
The punishment imposed was a forfeiture
Your record reflects that you
Your record further shows that on 13 May 1980, you received NJP
for destruction of private property and failure to be at your
appointed place of duty.
forfeiture of $500.
however, its execution was suspended for a period of six months.
14 days of restriction was also imposed,
The punishment imposed was a
On 18 June 1980,
NJP of 13 May 1980 was vacated due to your continued misconduct,
th; previously suspended punishment from your
and you again received NJP for another eight day period of
unauthorized absence and missing ship's movement.
punishment imposed was a reduction to
of $100, and 30 days of restriction.
The
paygrade E-2, a forfeiture
On 20 August 1980, you failed to execute your orders to
Marine Division and remained absent until apprehended by civil
authorities on 9 April 1982.
returned to military control.
On 19 April 1982, you were
lSt
Although your request for an other than honorable discharge in
lieu of trial by court-martial for the foregoing 535 day period
of unauthorized absence is not in the record, it is clear from
available documentation that you submitted such a request.
Prior to submitting this request,
a qualified military lawyer and been advised of your rights and
warned of the probable adverse consequences of accepting such a
discharge.
On 22 April 1982 your request for an other than
honorable discharge for the good of the service to escape a
trial by court-martial was approved by the discharge authority.
As a result of such action,
court-martial conviction and the potential penalties of a
punitive discharge and confinement at hard labor.
the other than honorable discharge on 26 April 1982.
you were spared the stigma of a
you would have conferred with
You received
In its review of your application the Board carefully weighed
all potentially mitigating factors such as your youth and
immaturity and your contention that your discharge was
inequitable because it was based on only one isolated incident.
However, the Board concluded that the other than honorable
discharge was appropriate given your three periods of
unauthorized absence totaling 551 days, the fact that the last
period of absence was terminated only by your apprehension by
civil authorities, and your request for discharge to avoid
trial by court-martial.
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.
received the benefit of your bargain with the Marine Corps when
your request for discharge was granted and you should not be
permitted to change it now.
been denied.
will be furnished upon request.
The names and votes of the members of the panel
Further, the Board concluded that you
Accordingly, your application has
2
It is regretted that the circumstances of your case are such
that favorable action cannot be taken.
the Board reconsider its decision upon submission of new and
material evidence or other matter not previously considered by
the Board.
a presumption of regularity attaches
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.
to all official records.
You are entitled to have
In this regard,
it is important to keep in mind that
Sincerely,
W. DEAN PFEIFFER
Executive Director
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