S
CRS
Docket No:
15 February 2002
7135-01
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
NAVY
ANNEX
2
WASHINGTON DC 20370-510
0
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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 13 February 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 29 April
1974 at age 19.
The record reflects that you received
nonjudicial punishment and were convicted by a special
martial.
two Marines.
On 27 January 1976 you submitted a written request for an
undesirable discharge in order to avoid trial by court-martial
for absence from your appointed place of duty, disrespect,
willful disobedience of a lawful order, and assault.
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.
action, you were spared the stigma of a court-martial conviction
and the potential penalties of a punitive discharge and
confinement at hard labor.
discharge on 11 February 1976.
In its review of your application the Board carefully weighed all
The offenses included sleeping on post and assaulting
Your request was granted and, as a result of this
You received the undesirable
court-
such as your youth and
The names and
However, the Board found these factors were not
potentially mitigating factors,
immaturity.
sufficient to warrant recharacterization of your discharge given
your request for discharge to avoid trial for serious offenses.
The Board believed that considerable clemency was extended to you
when your request for discharge to avoid trial by court-martial
you escaped the possibility
was approved since, by this action,
Further,
of confinement at hard labor and a punitive discharge.
the Board concluded that you received the benefit of your bargain
when your request for discharge was granted and should not be
The Board concluded that your
permitted to change it now.
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.
It is regretted that the circumstances of your case are such that
You are entitled to have the
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.
Sincerely,
W. DEAN PFEIFFER
Executive Director
2
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