DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 3773-02
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
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.
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 enlisted in the Marine Corps on 14 January 1972 at the age of
19.
You served for a year and three months without disciplinary
incident, but on 12 April 1973 you received nonjudicial
punishment (NJP) for two periods of absence from your appointed
place of duty and were awarded a $50 forfeiture of pay.
On 5 March and again on 30 May 1975 you received NJP for four
periods of unauthorized absence (UA) totalling 14 days, four
periods of absence from your appointed place of duty, failure to
obey a lawful order, and disobedience.
On 5 May 1976 you submitted a written
On 31 May 1975 you began a period of UA that was not terminated
until 23 March 1976.
request for an undesirable discharge in order to avoid trial by
court-martial for the foregoing 287 day period of UA. 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.
On 13 May 1976 your request was
granted and your commanding officer was directed to issue you an
other than honorable discharge by reason of good of the service
in lieu of trial by court-martial.
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, and on 26 May 1976 you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity.
Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge because of your repeated misconduct and lengthy
period of UA, which also resulted in your request for discharge.
The Board believed that considerable clemency was extended to you
when your request for discharge 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 should not be
permitted to change it now.
been denied.
The Board also concluded that you
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
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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