D E P A R T M E N T O F T H E N A V Y
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
T JR
Docket No: 7464-98
16 April 1999
Dear
This is in refgrence 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 13 April 1999. 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
The Board found you enlisted in the Marine Corps on 2 December
1971 at the age of 17. Your record reflects that on 7 July 1972
you were convicted by summary court-martial (SCM) of a 28 day
period of unauthorized absence (UA). You were sentenced to
forfeitures totalling $148, confinement at hard labor for 29
days, and reduction to paygrade E-1. Shortly thereafter, on 20
July 1972, you received nonjudicial punishment (NJP) for drunk
and disorderly conduct. The punishment imposed was a reprimand.
Your record further reflects that you were UA from 28 to 29
October 1972. On 30 October 1972 you received NJP for absence
from your appointed place of duty. The punishment imposed was
restriction for 60 days. On 9 December 1972 you began a 156 day
period of UA that was not terminated until 14 May 1973. Shortly
thereafter, on 25 May 1973, you began a 37 day period of UA that
was not terminated until 1 July 1973. On 14 September 1973 you
submitted a written request for an undesirable discharge in lieu
of court-martial for the three foregoing periods of UA totalling
194 days. However, on 19 September 1973, the discharge authority
disapproved your request. On 28 September 1973 you were
convicted by special court-martial (SPCM) of these three
incidents of UA totalling 194 days. You were sentenced to
confinement at hard labor for two months, forfeitures totalling
$408, and a bad conduct discharge (BCD). On 24 October 1973 you
submitted a written request for immediate execution of the BCD.
Your request stated as follows:
I can't adjust to the military way of life. My grandmother
has got financial problems and I figure that I'm able to
help her more in civilian life than in the Marine Corps. I
feel that I should be given my BCD because I don't want to
go back to duty.
After the findings and sentence were reviewed and approved, the
BCD was ordered executed. Subsequently, on 27 February 1974, you
received the BCD.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity and your contention that you would like
your discharge upgraded to under honorable conditions. The Board
further considered your contentions that you requested the BCD on
the advice of legal counsel after being told that you could
obtain veterans1 benefits. However, the Board concluded these
factors were not sufficient to warrant recharacterization of your
discharge given the seriousness of your frequent misconduct,
lengthy periods of UA from the Marine Corps, and especially your
request for immediate execution of the BCD instead of restoration
to duty. Further, the Board noted that that there is no evidence
in your record, and you submitted none, to support your
contention that legal counsel told you that you could obtain.
veterans1 benefits after being discharged with a BCD. Given all
the circumstances of your case, the Board concluded your
discharge was proper 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 PFEIFFER
Executive Director
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