DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 9080-02
12 December 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
Your allegations of error and
application on 11 December 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 26 July
You served without incident until 13 March 1975, when you
1972.
submitted a written request for an undesirable discharge in order
to avoid trial by court-martial for an unauthorized absence of
Prior to submitting this request you conferred with a
334 days.
qualified military lawyer at which time you were advised of your
rights and warned of the probable adverse consequences of
Your request was granted and, as a
accepting such a discharge.
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 25 March 1975 you
received a final physical examination that found you qualified
for separation.
March 1975.
In its review of your application the Board carefully weighed all
potentially mitigating factors,
such as your youth and immaturity
and the contention that you should have been medically
However, the Board found that these factors were not
discharged.
You received an undesirable discharge on 28
The Board believes that
/
Further, the Board concluded
sufficient to warrant recharacterization of your discharge given
your request for discharge to avoid trial for an unauthorized
absence of more than 11 months.
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
labor and a punitive discharge.
that you received the benefit of your bargain when your request
for discharge was granted and should not be permitted to change
it now.
In this regard, there is no evidence in the record, and
you have provided none,
that you should have received a medical
discharge.
Therefore, the Board concluded that no change to the
discharge is warranted.
Accordingly, your application has been
denied.
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, 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.
You are entitled to have the
Sincerely,
W. DEAN PFEIFFER
Executive Director
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