DEPARTMENT OF THE NAVY
BOARD
FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
CRS
Docket No:
12 December 2002
4927-02
for correction of your
Your allegations of error and
This is in reference to your application
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 3 December 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.
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 10 March
1970.1
The record reflects that on 3 October 1974 you submitted a
written request for an undesirable discharge in order to avoid
trial by court-martial for unauthorized absences totalling 1594
days.
qualified military lawyer at which time you were advised of your
rights and warned of the probable adverse consequences of such a
discharge.
action, you were spared the stigma of a court-martial conviction
and the potential penalties of a punitive discharge and
confinement at hard labor.
You received an undesirable discharge
on 3 October 74.
Subsequently, you began a program of alternate service under the
provisions of Presidential Proclamation 4313, completion of which
would result in issuance of a clemency discharge.
However, on 25
April 1975 you were terminated from the program for failure to
meet its requirements.
Prior to submitting this request you conferred with a
Your.request was granted and, as a result of this
:n its review of your application the Board carefully weighed all
potentially mitigating factors,
such as your youth and immaturity
and the contention that your discharge should be upgraded under
Presidential Proclamation 4313.
However, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge given your request for discharge to avoid trial
for unauthorized absences totalling more than four years.
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.
Further,
the Board concluded that you received the benefit of your bargain
when your request for discharge was granted and should not be
permitted to change it now.
In this regard, the Board also noted
that you were terminated from the program of alternate service.
Therefore,
the Board concluded that no change to the discharge is
warranted.
Accordingly, your application has been denied.
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.
The
Sincerely,
W. DEAN PFEIFFER
Executive Director
2
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