DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 5650-00
23 February 2001
Your allegations of error and
The record reflects that you received two
The offenses included unauthorized
aRplicable to the proceedings of this
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 14 January 2001.
injustice were reviewed in accordance with administrative
regulations and procedures
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 25
August 1982 at age 19.
nonjudicial punishments.
absences totalling three days and drinking on watch.
Your military record shows that on 26 April 1984 you submitted a
written request for an other than honorable discharge in order to
avoid trial by court-martial for an unauthorized absence of 121
days.
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.
The Board
found that your request was granted and, as a result of this
action, you were spared the stigma of a court-martial conviction
You
and the potential discharges and confinement at hard labor.
received an other than honorable discharge on 10 May 1984.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and immaturity
Your record also shows that prior to submitting this
However, the Board found that these
and personal problems.
factors were not sufficient to warrant recharacterization of your
discharge given your request for discharge to avoid trial for an
The Board believed that
unauthorized absence of four months.
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
Further, the Board concluded
labor and a punitive discharge.
that you received the benefit of your bargain when your request
for discharge was granted and should not be permitted to change
it now.
The Board concluded that your discharge was proper as
issued and no change is warranted.
has been denied.
will be 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
The names and votes of the members of the panel
Sincerely,
W. DEAN PFEIFFER
Executive Director
2
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