DEPARTMENT OF THE NAVY
B O A RD F O R C ORR EC TION OF
NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
CRS
Docket No: 6583-02
23 October 2002
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 October 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.
The record reflects that you received two nonjudicial
The Board found that you enlisted in the Marine Corps on 26 April
1976.
punishments for unauthorized absences totalling 38 days.
On 11 July 1977 you submitted a written request for an other than
honorable discharge in order to avoid trial by court-martial
an unauthorized absence of 135 days.
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.
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.
received the other than honorable discharge on 29 July 1977.
Your request
for
You
its review of your application the Board carefully weighed all
In
potentially mitigating factors,
and family problems.
such as your youth and immaturity
However, the Board found these factors were
not sufficient to warrant recharacterization of your discharge
given your request for discharge to avoid trial for an
unauthorized absence of more than four months.
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
when your request for discharge was granted and 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.
you escaped the possibility of
The names and
The Board
Further, the
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
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