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NAVY | BCNR | CY2002 | 07020-02
Original file (07020-02.pdf) Auto-classification: Denied
DEPARTMENTOFTHE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS

2 

NAVY 

ANNEX

WASHINGTON DC 20370-5100

CRS
Docket No:   7020-02
12 December  2002

application for correction of your
provisions of Title 10, United

This is in reference to your
naval record pursuant to the
States Code, Section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 19 November 2002.
Your allegations of error and
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 24
August 1979.
when you submitten a written request for an other than honorable
discharge in order to avoid trial by court-martial for
unauthorized absences totalling 156 days, disobedience,. and
threatening to injure a fellow Marine.
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  
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.
received the other than honorable discharge on 10 February 1981.
In its review of your application the Board carefully weighed all
potentially mitigating factors,
such as your youth and immaturity
and personal problems.
factors were not sufficient to warrant recharacterization of your
discharge given the seriousness of the offenses that resulted in

You served without incident until 16 January 1981,

However, the Board found that these

a.discharge.

You

your discharge, especially unauthorized absences totalling more
The Board believed that considerable clemency
than five 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.
The Board concluded that your discharge was proper as
issued and no change is warranted.
has been denied.
will be furnished upon request.
It is regretted that the circumstances of your case are such that
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
The names and votes of the members of the panel

You are entitled to have the

Sincerely,

W. DEAN PFEIFFER
Executive Director

2



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