DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 6434-05
19 October 2005
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 12 October 2005. 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
Board found that the evidence submitted was insufficient to establish the
existence of probable material error or injustice.
You enlisted in the Marine Corps on 20 June 1974 at age 18. During the
period from 20 February to 4 June 1975, you received nonjudicial
punishment on three occasions. Your offenses were two periods of
unauthorized absence totaling about four days, two instances of
disrespect, breaking restriction, leaving the scene of an accident,
failing to report an accident and making an improper right turn.
On 8 September 1975 you were convicted by a special court-martial of an
unauthorized absence of about four days, drunk and disorderly conduct, and
seven specifications of disobedience. The sentence of the court included
confinement at hard labor and forfeitures of pay. A second special court-
martial convened on 7 April 1976 and convicted you of an unauthorized
absence of about one day, disrespect and disorderly conduct. The court
sentenced you to hard labor without confinement, restriction and
forfeitures of pay. On 29 April 1976, you received nonjudicial punishment
for disobedience.
Your military record shows that you submitted a written request for an
undesirable discharge in order to avoid trial by court-martial for six
instances of disobedience, five instances of
sleeping on post and five absences from your appointed place of duty. Your
record also shows 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. The Board found that your request was granted on 7 June 1976
and, 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. You were discharged on 11 June 1976.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and contention that you
were not sufficiently counseled by your superiors. You desire a better
discharge so that you can receive veterans benefits. The Board found that
these factors were not sufficient to warrant recharacterization of your
discharge given your record of misconduct and especially your request for
discharge to avoid trial for the offenses. The 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, you
escaped the possibility of confinement at hard labor and a punitive
discharge. Further, the Board concluded that you received the benefit of
your bai7gain when your request for discharge was granted and you should
not be permitted to change it now. The Board concluded that your discharge
was proper as issued and no change 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. 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 PFIEFFER
Executive Director
2
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