DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
X
2 NAVY ANNE
S
WASHINGTON DC 20370-510
0
TJR
Docket No: 5527-00
26 February 2001
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 13 February 2001.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Documentary material considered by the Board consisted of
Board.
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 Board found you enlisted in the Marine Corps on 10 November
Your record reflects that you served for
1969 at the age of 23.
about a year and four months without disciplinary incident but on
7 April 1971 you were convicted by civil authorities of statutory
burglary and were sentenced to confinement for a year.
1971 you submitted a written request for an undesirable discharge
in order to avoid trial by court-martial for two periods of UA
Your record shows that prior to submitting
totalling 337 days.
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 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 11 June 1971 you were so discharged.
As a result of this action, you were spared
On 18 May
The Board, in its review of your entire record and application,
carefully considered all mitigating factors, such as your youth
The Board also considered your contention that
and immaturity.
you are now homeless and suffering from chronic alcoholism.
However, the 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
The Board
discharge to avoid trial for these periods of UA.
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.
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.
noted that there is no evidence in the record, and you submitted
none, to support your contention.
has been denied.
Accordingly, your application
Further, the
The Board also
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,
PFEIFFER
W. DEAN
Executive Director
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