DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TRG
Docket No:
9 January 2002
6263-01
Dear-
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10 of the 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 January 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.
Your allegations of error and
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.
You enlisted in the Marine Corps on 25 January 1967 at age 17.
On 21 February 1968 you began a period of unauthorized absence,
and you were subsequently declared a deserter.
you surrendered at the Clemency Processing Unit, Fort Benjamin
Harrison, IN.
On 2 March 1975
Your military record shows that you submitted a written request
for an undesirable discharge in order to avoid trial by
court-
martial for the foregoing period of absence of about seven years.
Your record also 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.
your request was granted and, as a result of 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.
It appears that you were discharged on 3 March 1975.
The Board found that
Subsequently, you completed a 23 month period of alternate
service and on 28 April 1977 you were issued a clemency
discharge.
such as your youth and the
that at the time of your discharge you
The Board found that these
It is clear from your separation physical that
to avoid trial by court-martial for a seven year period
YOU
In its review of your application the Board carefully weighed all
potentially mitigating factors,
contention, in effect,
suffered from a disease of the lungs.
factors and contentions were not sufficient to warrant
recharacterization of your discharge given your request for
discharge
of desertion.
were diagnosed with a disease of the lungs, but you were found
Further, any disability you
physical qualified for discharge.
incurred while in desertion is certainly not the responsibility
of the Marine Corps.
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.
received the benefit of your bargain when your request for
discharge was granted and you should not be permitted to change
it now.
The Board concluded that your discharge was proper as
issued and no change is warranted.
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
Further, the Board concluded that you
The Board believed that considerable
The names and
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.
Sincerely,
W. DEAN PFEIFFER
Executive Director
2
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