DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 5160-00
10 January 2001
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 3 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 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 22 March
1985 at age 20.
punishment for an unauthorized absence
five specifications of writing bad checks.
imposed included forfeitures of pay and a reduction in grade.
On 9 May 1986 you received nonjudicial
of,about nine days and
The punishment
Your military record shows that you submitted a written
On 12 May 1986 you began a period of unauthorized absence which
lasted until you surrendered on 25 June 1986, a period of about
44 days.
request for a discharge under other than honorable conditions in
order to avoid trial by court-martial for this period of absence.
Your record also shows that prior to submitting this requestyou
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 23 July 1986 and, 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.
1986.
You were discharged on 11 August
The Board found that
such as your youth and your
The Board found that these factors
In its review of your application the Board carefully weighed all
potentially mitigating factors,
contention, in effect, that you have been punished enough for a
relatively minor offense.
were not sufficient to warrant recharacterization of your
discharge given your record of misconduct and especially your
request for discharge to avoid trial for the offense.
period of unauthorized absence is not minor.
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,
Further,
of confinement at hard labor and a punitive discharge.
the 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.
The Board concluded that your
discharge was proper as issued and no change is warranted.
A 44 day
Additionally, the
you escaped the possibility
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
Executive Director
PFEIFFER
2
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