DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 5149-01
22 January 2002
Dear-
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 15 January 2001.
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.
The punishment imposed was a
The Board found you enlisted in the Marine Corps on 17 December
1971 at the age of 18.
Your record reflects that you served for
two years months without disciplinary incident, but on 23 January
1974, you received nonjudicial punishment (NJP) for two periods
of unauthorized absence (UA) totalling six days and absence from
your appointed place of duty.
reduction to
paygrade E-2 and restriction and extra duty for 15
days.
On 5 March 1974 you received NJP for a five day period of
UA and were awarded a $200 forfeiture of pay, which was suspended
for 90 days, and extra duty for 15 days.
were convicted by summary court-martial (SCM) of a day of UA,
absence from your appointed place of duty, disobedience, and
failure to obey a lawful order.
reduction to
confinement for 15 days.
You received your third NJP on 16 June 1974 for absence from your
appointed place of duty and were awarded a $100 forfeiture of pay
and restriction and extra duty for 14 days.
1974 you received NJP for using provoking gestures, disobedience,
You were sentenced to a
paygrade E-l, a $150 forfeiture of pay, and
On 26 April 1974 you
On 25 and 29 July
The punishment
extra duty for 45 days and a
On 30 August 1974 you received NJP for
and sleeping on post.
absence from your appointed place of duty and sleeping on watch.
The punishment imposed was extra duty and restriction for 30 days
On 4 November 1974 you received
and a $100 forfeiture of pay.
your seventh NJP for absence from your appointed place of duty,
three specifications of
four periods of UA totalling 15 days,
disobedience, two specifications of making false official
statements, and failure to pay just debts.
imposed was restriction for 60 days,
$340 forfeiture of pay.
Your record also reflects that on 9 December 1974 you submitted a
written request for an undesirable discharge in order to avoid
trial by court-martial for two periods of UA totalling four days,
absence from your appointed place of duty,
disobedience, resisting arrest, and assault.
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 and your commanding officer was directed
to issue you an undesirable discharge by reason of the good of
the service.
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. On 21
January 1975 you were issued an undesirable discharge.
Subsequently, on 7 January 1975,
Your record shows
four specifications of
However, the Board found the evidence and
The Board, in its review of your entire record and application,
carefully considered all mitigating factors, such as your youth
and immaturity.
materials submitted were not sufficient to warrant
recharacterization of your discharge given the seriousness of
your repetitive misconduct,
court-martial conviction, and your request for discharge to avoid
trial for your continued misconduct.
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.
has been denied.
Accordingly, your application
which resulted in seven
NJPs and a
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.
2
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
3
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