DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TJR
Docket No: 5846-00
28 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 27 February 2001.
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 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 18 September
1968 at the age of 21.
Your record reflects that you served for
nearly a year without disciplinary incident but on 14 August 1969
you received nonjudicial punishment (NJP) for absence from your
appointed place of duty and were awarded restriction for 14 days
and forfeiture of pay for seven days.
.
On 13 August 1970 you submitted a written request for an
undesirable discharge in order to avoid trial by court-martial
for a 272 day period of unauthorized absence (UA).
Your 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.
commanding officer was directed to issue you an undesirable
discharge by reason of the good of the service.
this 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 18 September 1970 you were so
discharged.
Your request was granted and your
As a result of
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 suffering from cancer and wish to receive veterans'
However, the Board found the evidence and materials
benefits.
submitted were not sufficient to warrant recharacterization of
your discharge given the lengthy period of UA and your request
for discharge to avoid trial for this incident.
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
Accordingly,
and you should not be permitted to change it now.
your application has been denied.
you escaped the possibility of
The Board
Further, the
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,
W. DEAN PFEIFFER
Executive Director
2
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