DEPARTMENT OF THE NAVY
BOARD FOR C O R R E C T I O N O F NAVAL RECORDS
2 N A V Y A N N E X
W A S H I N G T O N D C 20370-51 00
WMP
Docket No: 10104-02
22 May 2003
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10 of the
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 2003. Your allegations of error and
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 BoardLfound 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 30
January 1974 for four years at age 17. You served without
incident until 30 June 1975, when you received nonjudicial
punishment (NJP) for violating a written order. The punishment
imposed was a forfeiture of $25.
On 22 September 1975 you commenced a 107 day period of
unauthorized absence, which was terminated on 8 January 1976
when you were apprehended by civil authorities.
On 29 January 1976, you submitted a request for an undesirable
discharge in lieu of trial by court-martial for the 107 day
period of unauthorized absence. Prior to submitting this
request, you conferred with a qualified military lawyer and were
advised of your rights and warned of the probable adverse
consequences of accepting such a discharge. On 13 February 1976
the discharge authority approved your request for discharge. As
a result of such action, you were spared the stigma of a court-
martial conviction and the potential penalties of a punitive
discharge and confinement at hard labor. You received the
undesirable discharge on 20 February 1976.
In its review of your application the Board carefully weighed
all potentially mitigating factors such as your youth and
immaturity, and your contention that you had family problems.
However, the Board found that your unauthorized absence of 107
days and prior NJP clearly warranted an undesirable discharge.
Your contention that you had family problems cannot excuse such
serious misconduct. Clearly considerable clemency was extended
to you when the 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. Further, 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. 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. 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 prohable material error or injustice.
Sincerely,
W. DEAN PFEIFFER
Executive Director
NAVY | BCNR | CY1999 | 00646-99
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 July 1999. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2002 | 04854-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, application on 14 November 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. The Board also 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, confinement at hard labor and a punitive discharge. ...
NAVY | BCNR | CY2002 | 08916-02
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. However, the Board found that these factors were not sufficient to warrant recharacterization of your discharge given your request for discharge to avoid trial for unauthorized absences totalling more than five months, and your total period of absence of about nine months. Consequently, when...
NAVY | BCNR | CY2001 | 08183-01
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. However, the Board found that these factors were not sufficient to warrant recharacterization of your discharge given your request for discharge to avoid trial for unauthorized absences totalling about 13 months, and your prior unauthorized absences of nearly a month. Consequently, when...
NAVY | BCNR | CY2001 | 06415-99
Documentary material considered by the Board consisted of together with all material submitted in support Your allegations of error and 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. not sufficient to warrant recharacterization of your discharge given your record of misconduct and especially your request for discharge to avoid trial for a...
NAVY | BCNR | CY2002 | 03000-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 August 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Documentary material considered by the Board consisted of Board. your request was granted on 25 March 1976 and, as a result of this action, you were spared the stigma of a court-martial conviction and the potential penalties of...
NAVY | BCNR | CY2008 | 07417-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 February 2009. Your military record shows that you submitted a written request for an undesirable discharge (UD) in order to avoid trial by court-martial for the two periods of unauthorized absence totaling about 575 days. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
NAVY | BCNR | CY2005 | 06434-05
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 October 2005. 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. You were discharged on 11 June 1976.
NAVY | BCNR | CY2001 | 07732-00
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 April 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Documentary material considered by the Board consisted of Board. However, the Board found the evidence and materials submitted were not sufficient to warrant recharacterization of your discharge given the lengthy periods of UA and...
NAVY | BCNR | CY2002 | 03580-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 October 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 Your allegations of error and your naval record and applicable statutes, After careful and conscientious consideration of the entire record, the Board found that the...