DEPARTMENTOFTHE NAV
BOARD FOR CORRECTION OF NAVAL
2 NAVY ANNE
X
Y
RECORD
S
WASHINGTON DC 20370-510
0
TJR
Docket No: 3716-02
20 November 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 19 November 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 reenlisted in the Marine Corps on 31 July 1972 after four
years of prior honorable service.
summa ry court-martial (SCM) of a 38 day period of
convicted by
unauthorized absence (UA) and were sentenced to a $210 forfeiture
of pay, confinement at hard labor for a month, and reduction to
paygrade E-l.
On 27 November 1972 you were
During the period from 2 January 1973 to 25 May 1974 you were in
On 17 June 1974 you submitted a
a UA status on two occasions.
written request for an undesirable discharge in order to avoid
trial by court-martial for the foregoing periods of UA totalling
475 days.
Prior to submitting such a request for discharge, 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.
request was granted and your commanding officer was directed to
issue you an other than honorable discharge by reason of good of
As a result of
the service in lieu'of trial by court-martial.
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,
discharged.
and on 26 June 1974 you were so
On 24 June 1974 your
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your prior honorable service, service in Vietnam, and the
contention that your ability to serve was impaired after a two
year break in service during which time you were involved with
drugs and alcohol and were arrested by civil authorities. It
also considered your contention that you are still suffering
physically and emotionally from your experiences in Vietnam.
Nevertheless, the Board concluded these factors and contentions
were not sufficient to warrant recharacterization of your
discharge because of the seriousness of your repeated frequent
and lengthy periods of UA,
which also resulted in your request
for discharge.
extended to you when your request for discharge was approved
since, by this action, you escaped the possibility of confinement
The Board also concluded
at hard labor and a punitive discharge.
that you received 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.
been denied.
The Board believed that considerable clemency was
Accordingly, your application has
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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