DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
ELP
Docket No 8717-01
23 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.
Your allegations of error and injustice were
A three-member panel of the Board for Correction of Navy Records,
sitting in executive session,
22 May 2002.
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.
considered your application on
After careful and conscientious consideration of the entire
record,
insufficient to establish the existence of probable material
error or injustice.
the Board found that the evidence submitted was
You enlisted in the Marine Corps on 7 April 1970 for four years
at age 17.
1972 you received two non-judicial punishments (NJP) for failure
to obey a lawful order and absence from guard duty without
authority.
During the 20 month period from September
1970 to May
On 5 July 1972 you were reported in an unauthorized absence
status and remained absent until you were apprehended by military
authorities on 17 August 1972.
(UA)
On 24 August 1972 you submitted a request for an undesirable
discharge for the good of the service in lieu of trial by
martial for the foregoing 44-day period of UA.
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.
A review of your request by the staff judge advocate
court-
Prior to
in law and faction and noted that
your counsel attempted to persuade you not to
but you remained adamant in
The discharge authority directed an undesirable
(SJA ) found it to be sufficient
on two occasions,
request an undesirable discharge,
your request.
discharge on 11 September 1972.
you received a third NJP for disrespect towards an officer.
received an undesirable discharge for the good of the service on
28 September 1972.
However, on 22 September 1972
You
The Board noted your contentions that your
The Board concluded that the foregoing
regret for the actions which led to your
and the fact that it has been nearly 30 years since
In its review of your application the Board carefully weighed all
potentially mitigating factors such as your youth and immaturity,
limited education,
discharge,
you were discharged.
biggest mistake was requesting an undesirable discharge and that
you were told that after six months,
a general discharge.
factors and contentions were insufficient to warrant
ization of your discharge given your record of three
fact that you accepted discharge for a 44 day period of UA.
Board believed that considerable clemency was extended to you
when your request for discharge to avoid trial by court-martial
was approved since, by this action,
of confinement at hard labor and a punitive discharge.
the Board concluded that you 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.
your application has been denied.
members of the panel will
be furnished upon request.
The names and votes of the
you could get it changed to
recharacter-
NJPs and the
The
you escaped the possibility
Further
Accordingly,
It is regretted that the circumstances of your case are such
that favorable action cannot be taken.
the Board reconsider its decision upon submission of new and
material evidence or other matter not previously considered by
the Board.
presumption of regularity attaches to all official records.
Consequently,
record,
existence of probable material error or injustice.
the burden is on the applicant to demonstrate the
In this regard,
when applying for a correction of an official naval
it is important to keep in mind that a
You are entitled to have
Sincerely,
w. DEAN PFEIFFER
Executive Director
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