DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
ANNEX
NAVY
2
WASHINGTON DC 20370-510
0
S
CRS
Docket No:
25 February 2002
7094-01
Dear
s
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 21 February 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Documentary material considered by the Board consisted of
Board.
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 Board found that you enlisted in the Marine Corps on 7
October 1974 at age 17.
1976 you received nonjudicial punishment for failure to get a
haircut.
The record reflects that on 22 September
On 10 November 1976 you submitted a written request for an
undesirable discharge in order to avoid trial by court-martial
for an unauthorized absence of 241 days, from 7 January to 8
Prior to submitting this request you conferred
September 1976.
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
martial conviction and the potential penalties of a punitive
Subsequently, you
discharge and confinement at hard labor.
received a second nonjudicial punishment for an unauthorized
absence of three days.
16 December 1976.
You received the undesirable discharge on
court-
However, the Board found that these factors were not
such as your youth and
Further, the Board concluded that you
In its review of your application the Board carefully weighed all
potentially mitigating factors,
immaturity.
sufficient to warrant recharacterization of your discharge given
your request for discharge to avoid trial for an unauthorized
The Board believed that considerable
absence of eight months.
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 should not be permitted to change it
now.
issued and no change is warranted.
has been denied.
will be furnished upon request.
Accordingly, your application
The names and votes of the members of the panel
The Board concluded that your discharge was proper as
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
2
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