DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL
2 NAVY ANNE
X
RECORD
S
WASHINGTON DC 20370-510
0
WMP
Docket No:
10 October 2002
3580-02
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 9 October 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,
regulations and policies.
Documentary material considered by the Board consisted
Your allegations of error and
your naval record and applicable statutes,
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 April
Your record reflects that you
1975 for four years at age 17.
served without incident until you were an unauthorized absentee
from 17 to 21 November 1975, a period of four days.
November 1975, you were counseled concerning your unsatisfactory
and warned that if you did not
conduct and performance of duty,
improve you could be administratively discharged from the Marine
Corps.
On 26
Your record further reflects you were an unauthorized absentee
from 9 December 1975 to 19 January 1976, a period of 41 days.
On 11 February 1976 you submitted a request for an undesirable
discharge in lieu of trial by court-martial for failure to go to
your appointed place of duty and the two foregoing instances of
Prior to submitting
unauthorized absence, totaling 45 days.
this request you conferred with a qualified military lawyer and
were advised of your rights and warned of the probable adverse
consequences of accepting such a discharge.
your request for discharge was approved by the discharge
authority.
stigma of a court-martial conviction and the potential penalties
of a punitive discharge and confinement at hard labor.
received the undesirable discharge on 3 March 1976.
As a result of such action, you were spared the
On 16 February 1976
You
the Board found that your misconduct, which
In its review of your application the Board carefully weighed
all potentially mitigating factors such as your youth and
immaturity, and your contention that you were not fully advised
of the documents that you were signing.
However, your record
shows that you were provided counsel and advised of the
consequences of your request for discharge, and you did not
desire to provide a statement to the discharge authority
concerning the actions that resulted in your request.
Furthermore,
included two periods of unauthorized absence totaling 45 days,
clearly warranted an undesirable discharge.
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.
the Board concluded that you 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.
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon
request.
The names and
Further,
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 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.
In this regard, it is important to keep in mind that
You are entitled to have
Sincerely,
W. DEAN PFEIFFER
Executive Director
NAVY | BCNR | CY2001 | 01168-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 August 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. materials submitted were not sufficient to warrant recharacterization of your discharge given your frequent and lengthy periods of UA and your request for discharge to avoid trial for a lengthy period of UA. Consequently,...
NAVY | BCNR | CY2002 | 04854-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, application on 14 November 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. The Board also 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. ...
NAVY | BCNR | CY2002 | 10104-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 May 2003. 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. However, the Board found that your unauthorized absence of 107 days and prior NJP clearly warranted an undesirable discharge.
NAVY | BCNR | CY2002 | 02080-02
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. discharge was...
NAVY | BCNR | CY2005 | 06434-05
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 October 2005. 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. You were discharged on 11 June 1976.
NAVY | BCNR | CY2008 | 07417-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 February 2009. Your military record shows that you submitted a written request for an undesirable discharge (UD) in order to avoid trial by court-martial for the two periods of unauthorized absence totaling about 575 days. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
NAVY | BCNR | CY2001 | 00945-01
A'three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 July 2001. 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. discharged.
NAVY | BCNR | CY1999 | 00646-99
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 July 1999. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2001 | 00975-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your applicatiofi on 10 July 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. 1977 you were so discharged. 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.
NAVY | BCNR | CY2001 | 06415-99
Documentary material considered by the Board consisted of together 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. not sufficient to warrant recharacterization of your discharge given your record of misconduct and especially your request for discharge to avoid trial for a...