DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVYANNE
X
WASHINGTON DC 20370-5100
CRS
Docket No: 6552-02
11 December 2002
Your allegations of error and
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 3 December 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.
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 13
February 1968.
nonjudicial punishments.
The offenses included an unauthorized
absence of six days,
consumption of alcohol in an unauthorized
area, absence from your appointed place of duty, and failure to
obey a lawful order.
On 26 October 1970 you submitted a written request for an
undesirable discharge in order to avoid trial by court-martial
for an unauthorized absence of 49 days, possession of a false
identification card, liberty pass, and overnight pass; and
disrespect.
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.
court-
result of this action, you were spared the stigma of a
martial conviction and the potential penalties of a punitive
discharge and confinement at hard labor.
undesirable discharge on 24 November 1970.
Prior to submitting this request you conferred with
The record reflects that you received two
Your request was granted and, as a
You received an
and unauthorized absences totalling
In its review of your application the Board carefully'weighed all
such as your youth and immaturity
potentially mitigating factors,
However, the Board found that these
and your service in Vietnam.
factors were not sufficient to warrant recharacterization of your
discharge given the seriousness of the offenses, that resulted in
your request for discharge,
The Board believed that considerable clemency
nearly two months.
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.
Further, the Board concluded that you
received the benefit of your bargain when your request for
discharge was granted and should not be permitted to change it
now.
Therefore, the Board concluded that no change to the
discharge is warranted.
denied.
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.
Accordingly, your application has been
The names and votes of the members of the panel will be
Sincerely,
W. DEAN PFEIFFER
Executive Director
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