DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
TJR
Docket No: 4946-01
7 January 2002
Dea
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.
the--Board for Correction of Naval
A three-member panel of
Records, sitting in executive session, considered your
application on 3 January 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
and applicable statutes, regulations,
thereof, your naval record,
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.
The Board found you enlisted in the Marine Corps on 13 March 1972
at the age.of 17.
from 27 July to 14 September 1972 you were in an unauthorized
absence
reflect the disciplinary action taken, if any, for this
misconduct.
Your record reflects that during the period
However, the record does not
(UA) status for 48 days.
Your record also reflects that prior to submitting
Your record further reflects that on 12 June 1973 you submitted a
written request for an undesirable discharge in order to avoid
trial by court-martial for the two other periods of UA totalling
201 days.
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. On
2 July 1973 your request was granted and your commanding officer
was directed to issue you an undesirable discharge.
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.
an undesirable discharge.
On 10 July 1973 you were issued
As a result
However, the Board concluded these factors were
The Board, in its review of your entire record and application,
carefully considered all mitigating factors, such as your youth
and immaturity.
not sufficient to warrant recharacterization of your discharge
given the seriousness of your lengthy periods of UA, and your
request for discharge to avoid
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
with the Marine Corps when your request for discharge was granted
and you should not be permitted to change it now.
Accordingly,
your application has been denied.
trialfor those offenses.
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. DEAR PFEIFFER
Executive Director
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