DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
CRS
Docket No: 6079-01
15 January 2002
Your allegations of error and
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 9 January 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 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 21
November 1974 at age 17.
three nonjudicial punishments and were convicted by a summary
The offenses included unauthorized absences
court-martial.
totalling 32 days, missing movement,
place of duty, failure to obey a lawful order, possession of
marijuana, and sleeping on watch.
On 25 May 1977 you submitted a written request for an other than
honorable discharge in order to avoid trial by court-martial for
Prior to submitting this
an unauthorized absence of 78 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.
was granted and, as a result of this action, you were spared the
stigma of a court-martial conviction and the potential penalties
You
of a punitive discharge and confinement at hard labor.
received the other than honorable discharge on 21 June 1977.
The record reflects that you received
absence from your appointed
Your request
such as your youth and immaturity
The Board believed that considerable clemency was
In its review of your application the Board carefully weighed all
potentially mitigating factors,
and the contention that you were not properly represented by
However, the Board found that these factors were not
counsel.
sufficient to warrant recharacterization of your discharge given
your request for discharge to avoid trial for an unauthorized
absence of more than two months and four prior disciplinary
actions.
extended to your 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
Further, the Board concluded that you received the
discharge.
benefit of your bargain when your request for discharge was
In this
granted and should not be permitted to change it now.
and you have presented none, that
regard, there is no evidence,
you were not adequately represented by counsel.
concluded that your discharge was proper as issued and no change
is warranted.
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
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 denied.
The Board
Sincerely,
W. DEAN PFEIFFER
Executive Director
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