DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TRG
Docket No: 5390-01
22 March 2002
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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 19 March 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
your application,
thereof, your naval record and applicable statutes, regulations
and policies.
Documentary material considered by the Board consisted of
together with all material submitted in support
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.
You enlisted in the Marine Corps Reserve on 28 April 1973 at age
19.
The record shows that you satisfactorily completed initial
training and were released from active duty on 26 October 1973.
In December 1974 you were notified of unsatisfactory drill
participation since December 1973, and were informed of the
command's intent to order you to 18 months of involuntary active
duty.
Subsequently, you were issued orders to report for active
duty on 1 May 1975.
unauthorized absentee from that date.
you were apprehended on 25 January 1977.
However, you never reported and were an
You remained absent until
Your military record shows that on 7 February 1977 you submitted
a written request for a discharge under other than honorable
conditions in order to avoid trial by court-martial for the
foregoing unauthorized absences, totaling about 600 days.
Your record also 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.
your request was granted on 9 February 1977 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
The Board found that
You were discharged on 9 February
The Board found that these
and confinement at hard labor.
1977.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, documentation
concerning your educational improvement, and desire to
participate in a veterans program.
factors were not sufficient to warrant recharacterization of your
discharge given your lengthy period of unauthorized absence and
especially your request for discharge to avoid
trialsfor the
offense.
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.
benefit of your bargain when your request for discharge was
granted and you should not be permitted to change it now.
Board concluded that your discharge was proper as issued and no
change is warranted.
Further, the Board concluded that you received the
The Board believed that considerable clemency was
The
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 PFEIFFER
Executive Director
2
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