DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 5573-02
11 December 2002
Your allegations of error and
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 3 December 2002.
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 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 27
September 1974.
The record reflects that you received two
nonjudicial punishments.
appointed place of duty on two occasions.
On 16 March 1976 you submitted a written request for an
undesirable discharge in order to avoid trial by court-martial
for unauthorized absences totalling 296 days.
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.
action, you were spared the stigma of a court-martial conviction
and the potential penalties of a punitive discharge and
confinement at hard labor.
You received an undesirable discharge
on 20 April 1976.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and
The offenses included absence from your
Your request was granted and,
as a result of this
The Board believed that considerable
However, the Board found that these factors were not
immaturity.
sufficient to warrant recharacterization of your discharge given
your request for discharge to avoid trial for unauthorized
absences totalling nearly ten months, and your two prior
disciplinary actions.
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
Further, the Board concluded that you
punitive discharge.
received the benefit of your bargain when your request for
discharge was granted and should not be permitted to change it
Therefore, the Board concluded that no change to the
now.
discharge is warranted.
denied.
furnished upon request.
It is regretted that the circumstances of your case are such that
You are entitled to have the
favorable action cannot be taken.
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.
Accordingly, your application has been
The names and votes of the members of the panel will be
Sincerely,
W. DEAN PFEIFFER
Executive Director
2
NAVY | BCNR | CY2002 | 03000-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 August 2002. 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 request was granted on 25 March 1976 and, as a result of this action, you were spared the stigma of a court-martial conviction and the potential penalties of...
NAVY | BCNR | CY2002 | 00909-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 July 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. day period of UA that was not terminated until you were apprehended on 29 September 1976. submitted a written request for an undesirable discharge in order to avoid trial by court-martial for the two periods of UA totalling...
NAVY | BCNR | CY2002 | 04854-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, application on 14 November 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. The Board also 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. ...
NAVY | BCNR | CY2002 | 03309-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 August 2002. 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 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...
NAVY | BCNR | CY2002 | 07094-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 February 2002. 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. You received the undesirable discharge on court- However, the Board found that these factors were not such as your youth and Further, the Board concluded that...
NAVY | BCNR | CY2001 | 08183-01
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. However, the Board found that these factors were not sufficient to warrant recharacterization of your discharge given your request for discharge to avoid trial for unauthorized absences totalling about 13 months, and your prior unauthorized absences of nearly a month. Consequently, when...
NAVY | BCNR | CY2002 | 03580-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 October 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Documentary material considered by the Board consisted Your allegations of error and your naval record and applicable statutes, After careful and conscientious consideration of the entire record, the Board found that the...
NAVY | BCNR | CY2002 | 08125-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 May 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. On 12 April 1973 you received NJP for two periods of absence from your appointed place of duty, disobedience, and a five day period of UA. November 1976, you submitted a written request for an undesirable discharge in order...
NAVY | BCNR | CY2002 | 04275-02
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. The Board noted that you were issued a clemency 1970's and not an honorable discharge as you The 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...
NAVY | BCNR | CY2005 | 06434-05
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 October 2005. 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. You were discharged on 11 June 1976.