DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TJR
Docket No:
19 February 2002
6338-01
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 12 February 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
your application,
thereof, your naval record,
and policies.
Documentary material considered by the Board consisted of
together with all material submitted in support
and applicable statutes, regulations,
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 Reserve on 7
August 1972 at the age of 20.
On 8 July 1974 you submitted a
Prior to
Your record reflects that during the period from 26 February 1973
to 7 June 1974 you were in an unauthorized absence (UA) status on
two occasions for 455 days.
written request for an undesirable discharge in order to avoid
trial by court-martial for the foregoing periods of UA.
submitting this request for discharge, 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.
discharge was granted and your commanding officer was directed to
issue you an undesirable discharge.
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.
The Board, in its review of your entire record and application,
carefully considered all mitigating factors, such as your youth
On 26 July-1974 you were so discharged.
Subsequently, your request for
The Board also
However, the Board found the evidence and
The Board believed that considerable clemency was
and immaturity, and post service conduct.
considered your contention that you received inadequate legal
assistance and were not permitted to provide testimony in support
of your case.
materials submitted were not sufficient to warrant
recharacterization of your discharge given your lengthy periods
of UA, which resulted in your request for discharge to avoid
trial.
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.
benefit of your bargain with the Navy when your request for
discharge was granted and you should not be permitted to change
it now.
and you submitted none,
legal assistance.
The Board noted that there is no evidence in the record,
to support your contention of inadequate
Accordingly, your application has been denied.
Further, the Board concluded that you received 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,
DEAN,PFEIFFER
W.
Executive Director
2
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