DEPARTMENTOFTHE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
TRG
Docket No:
9 October
4043-02
2002
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 8 October 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Marine Corps on 27 December 1971 at age 18.
On 14 August 1972 you were convicted by a summary court-martial
of two periods of unauthorized absence totaling about 68 days. A
special court-martial convened on 14 September 1973 and convicted
you of an unauthorized absence of about 268 days.
sentenced you to forfeitures of $75 pay per month for six months,
confinement at hard labor for four months and a bad conduct
discharge.
The court
On 16 September 1973 you began another period of unauthorized
absence that lasted until 9 April 1974.
Nine days later, you
began another period of unauthorized absence that lasted until
Your military record
you were apprehended on 5 August 1974.
shows that you submitted a written request for an undesirable
discharge in order to avoid trial by court-martial for these two
periods of unauthorized absence totaling about 314 days.
Your record also shows that prior to submitting 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 on 6 November 1974 and, as a result of
The Board found that
this action, you were spared the stigma of a court-martial
conviction and the potential penalties of a punitive discharge
You were discharged on 11
and confinement at hard labor.
November 1974.
such as your youth and limited
The Board found that these factors were not
In its review of your application the Board carefully weighed all
potentially mitigating factors,
education.
sufficient to warrant recharacterization of your discharge given
your lengthy periods of unauthorized absence.
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.
Board concluded that you received the benefit of your bargain
when your request for discharge was granted and you should not be
permitted to change it now.
discharge was proper as issued and no change is warranted.
The Board also
you escaped the possibility of
Further, the
The Board concluded that your
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
The names and
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
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