DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TJR
Docket No: 8125-01
22 May 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 21 May 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Marine Corps on 3 April 1972 at the age of
20.
Your record reflects that on 13 October 1972 you received
nonjudicial punishment (NJP) on two occasions for feigning
illness to avoid duty and failure to obey a lawful order.
On 30 January 1973 you were convicted by summary court-martial
(SCM) of a 20 day period of unauthorized absence (UA) and were
sentenced to confinement at hard labor for 30 days and a $150
forfeiture of pay.
On 12 April 1973 you received NJP for two
periods of absence from your appointed place of duty,
disobedience, and a five day period of UA.
imposed was correctional custody for seven days, which was
suspended for six months.
The punishment
following a medical evaluation for anxiety and
On 7 May 1973,
failing performance, you were diagnosed with a passive aggressive
personality and strongly recommended for an administrative
separation.
NJP for absence from your appointed place of duty and were
awarded a $25 forfeiture of pay.
About three days later,
on 10 May 1973, you received
During the period from 17 to 26 July 1973 you received NJP on
five occasions for three periods of UA totalling 33 days, absence
from your appointed place of duty,
order, disobedience, appearing at inspection unshaven, and
breaking restriction.
for three days of UA and breaking restriction.
On 15 and 16 August 1973 you received NJP
failure to obey a lawful
On 30 August 1973 you began a period of UA which was not
terminated until 8 July 1974.
On 19 August 1974, after
you were diagnosed with a
undergoing a psychiatric evaluation,
From 14 to 19
severe passive aggressive personality disorder.
August 1974 you were again in a UA status.
On 18 October 1974
you were informed of a recommendation for a general discharge by
reason of unsuitability due to a character and behavior disorder.
On 4 December 1974 you were again UA until 10 December 1974.
Shortly thereafter, on 5
On 31 January 1975 you began a period of UA which was not
terminated until 14 October 1976.
November 1976, you submitted a written request for an undesirable
discharge in order to avoid trial by court-martial for these four
periods of UA totalling about 945 days.
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.
Subsequently, your request for discharge was granted and your
commanding officer was directed to issue you an undesirable
discharge.
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. On 11
November 1976 you were issued an undesirable discharge.
Prior to submitting this
The Board, in its review of your entire record and application,
carefully considered all mitigating factors, such as your youth
and immaturity, mental condition, and your contention that your
prior application for an upgrade of your discharge had been
approved.
However, the Board found the evidence and materials
submitted were not sufficient to warrant recharacterization of
your discharge because of your repetitive misconduct which
resulted in 11
frequent and lengthy periods of UA which resulted in your request
for discharge to avoid trial.
considerable 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
The Board concluded that you
labor and a punitive discharge.
received the 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.
is no evidence in the record,
Further, the Board noted that there
and you submitted none, to support
NJPs and a court-martial conviction, and the
The Board believed that
2
your contention that your discharge was upgraded.
mental condition was insufficiently mitigating given your 12
disciplinary actions and the periods of UA for which you
requested discharge.
denied.
Accordingly, your application has been
Further, your
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.
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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