DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TJR
Docket No: 5223-00
31 January 2001
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 23 January 2001.
Your allegations of error and
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 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 5 December
1974 at the age of 17.
again on 19 September 1975 you received nonjudicial punishment
(NJP) for two specifications of misbehavior as sentinel. On 17
August and 6 October 1976 you received NJP for a four day period
of unauthorized absence (UA) and two periods absence from your
appointed place of duty.
Your record reflects that on 15 July and
Your record further reflects that on 6 January 1977 you received
another NJP for absence from your appointed place of duty and
were awarded restriction and extra duty for 14 days and a $97
forfeiture of pay.
UA that was not terminated until 2 May 1977.
began a 264 day period of UA that was not terminated until 24
January 1978.
written request for an undesirable discharge in order to avoid
trial by court-martial for the foregoing two periods of UA
totalling 292 days.
Your record shows 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
On 4 April 1975 you began a 28 day period of
On 5 May 1977 you
Subsequently, on 27 January 1978, you submitted a
probable adverse consequences of accepting such a discharge.
Your request was granted and your commanding officer was directed
to issue you an other than honorable discharge by reason of the
good of the service.
the stigma of a court-martial conviction and the potential
penalties of a punitive discharge and confinement at hard labor.
On 21 February 1978 you were so discharged.
As a result of this action, you were spared
However, the
The Board believed that
The Board, in its review of your entire record and application,
carefully considered all mitigating factors, such as your youth
and immaturity, and good post service conduct.
Board found the evidence and materials submitted were not
sufficient to warrant recharacterization of your discharge given
the lengthy periods of UA and your request for discharge to avoid
trial for these periods of UA.
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.
The Board also noted that
there is no evidence in the record, and you submitted none, to
support your contention.
denied.
Accordingly, your application has been
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. DEAN PFEIFFER
Executive Director
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