DEPARTMENT OF THE NAVY
BOARD
FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNE
X
WASHINGTON DC
20370-5100
TJR
Docket No:
13 May 2002
7737-01
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.
sitting in executive session,
A three-member panel of the Board for Correction of Naval
Records,
application on 7 May 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
your application,
thereof, your naval record,
and policies.
Documentary material considered by the Board consisted of
together with all material submitted in support
and applicable statutes, regulations,
Your allegations of error and
considered your
After careful and conscientious consideration of the entire
record,
to establish the existence of probable material error or
injustice.
the Board found the evidence submitted was insufficient
The Board found you enlisted in the Marine Corps on 18 January
1983 at the age of 23.
period of about eight months.
You then served without incident for a
Your record reflects that on 31 August 1983 you became an
unauthorized absentee from your unit in Camp Lejeune, NC and were
immediately declared a deserter.
apprehended and confined by civil authorities in Houston, TX. On
1 September 1983 you were returned, under escort, to your unit.
Later that day you were
The record further reflects that on 22 September 1983 you
submitted a written request for an undesirable discharge in order
to avoid trial by court-martial for desertion.
that 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.
discharge was granted and your commanding officer was directed to
issue you an undesirable discharge.
you were spared the stigma of a court-martial conviction and the
Subsequently, your request for
As a result of this action,
Your record shows
potential penalties of a punitive discharge and confinement at
hard labor.
On 31 October 1983 you were issued an other than
honorable discharge.
and your contention that
However,
the Board found the evidence and
post service conduct,
in its review of your entire record and application,
The Board,
carefully considered all mitigating factors, such as your youth
and immaturity,
because your request for leave was denied, you became an
unauthorized absentee.
materials submitted were not sufficient to warrant
recharacterization of your discharge given the serious offense of
desertion which resulted in your request for discharge to avoid
trial.
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.
benefit of your bargain with the Marine Corps when your request
for discharge was granted and you should not be permitted to
change it now.
The Board believed that considerable clemency was
the Board concluded that you received the
Accordingly,
your application has been denied.
Further,
The names and votes of the members of the panel 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,
presumption of regularity attaches to all official records.
Consequently,
record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
when applying for a correction of an official naval
it is important to keep in mind that a
You are entitled to have the
Sincerely,
W. DEAN PFEIFFER
Executive Director
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