DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
WMP
Docket No:
15 November
4854-02
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,
application on 14 November 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, your naval record and applicable statutes,
regulations and policies.
Documentary material considered by the Board consisted
Your allegations of error and
considered your
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 27 June
1972 for four years at age 19.
served without incident until you were convicted by special
court martial of unauthorized absence from 20 December 1974 to 3
March 1975, a period of 73 days, and possession of 12.2 grams of
marijuana.
days of hard labor without confinement,
month for two months,
You were sentenced to 25 days of restriction, 14
and reduction to private first class.
Your record reflects that you
forfeitures of $125 per
You commenced another unauthorized absence on 25 September 1975
and remained absent until you surrendered yourself to the FBI on
3 February 1976, a period of 131 days.
submitted a request for an undesirable discharge for the good of
the service in lieu of trial by court-martial for the 131 days
of unauthorized absence.
Prior to submitting this request, you
On 20 March 1976, 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.
discharge was approved by the discharge authority.
of such 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 the undesirable
discharge on 8 April 1976.
On 25 March 1976 your request for
As a result
Nevertheless,
the Board found that
In its review of your application the Board carefully weighed
all potentially mitigating factors such as your youth and
Immaturity, and your contention that your misconduct was the
result of family problems.
your two periods of unauthorized absence totaling 204 days
clearly warranted an undesirable discharge.
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.
the Board concluded that you received the benefit of your
bargain with the Navy 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.
you escaped the possibility of
Further,
The names and
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
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