DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC
20370-5100
TJR
Docket No: 5233-01
31 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 23 January 2002.
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.
Your
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.
Your record reflects that on 22 March and
The Board found you enlisted in the Marine Corps on 24 August
1972 at the age of 18.
again on 10 April 1973 you received nonjudicial punishment (NJP)
for failure to go to you appointed place of duty and a two day
period of unauthorized absence (UA).
On 29 November 1973 you
were convicted by special court-martial (SPCM) of four periods of
UA totalling 85 days, failure to go to your appointed place of
duty, and failure to obey a lawful order.
was a $375 forfeiture of pay and confinement at hard labor for
three months, a portion of which was suspended.
The punishment imposed
The record further reflects that on 22 January 1974 the suspended
portion of the confinement at hard labor adjudged on 29 November
1973 was vacated due to your continued misconduct.
1974 you were arrested by civil authorities and charged with
possession of marijuana.
disciplinary action taken, if any, for this misconduct.
March 1974 you received NJP for a two day period of UA and were
awarded a $300 forfeiture of pay and restriction for 30 days.
The record does not reflect the
On 2 February
On 13
Shortly thereafter, on 12 April 1974, you were convicted by
summary court-martial (SCM) of a three day period of UA, breaking
restriction, and disobedience. The punishment imposed was a $215
forfeiture of pay and confinement at hard labor for 30 days,
which was suspended for 30 days.
On 23 April 1974 you began a 101 day period of UA that was not
terminated until 2 August 1974.
a written request for an undesirable discharge in order to avoid
trial by court-martial for the foregoing period of
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 probable adverse consequences of
accepting such a discharge.
discharge was granted and your commanding officer was directed to
issue you an other than honorable discharge.
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 17 October 1974 you were issued an
other than honorable discharge.
On 21 August 1974 you submitted
Subsequently, your request for
Your
UA.
As a result of this
The Board also considered your contentions that
were mistreated because you would
The Board, in its review of your entire record and application,
carefully considered all mitigating factors, such as your youth
and immaturity.
you were a military prisoner,
not serve in Vietnam and kill anyone due to your religious
beliefs, you chose to go UA so that you would not have to kill
anyone, and that the war was wrong.
evidence and materials submitted were not sufficient to warrant
recharacterization of your discharge given the seriousness of
your misconduct, to include wrongful use of marijuana and
numerous periods of UA, and the lengthy period of UA which
resulted in your request for discharge to avoid trial.
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.
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.
you escaped the possibility of
However, the Board found the
Further, the
The Board
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.
2
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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