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NAVY | BCNR | CY1998 | 07938-98
Original file (07938-98.pdf) Auto-classification: Denied
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 

TJR 
Docket No: 7938-98 
7 May 1999 

Dear -- 

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 
application on 4 May 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 21 November 
1965 at the age of 20.  Your record shows that on 18 January 1966 
you received nonjudicial punishment (NJP) for possession of an 
unclean rifle.  The punishment imposed was forfeitures totalling 
$10.  On 23 February 1966 you received NJP for failure to obey a 
lawful order.  The punishment imposed was restriction and extra 
duty for seven days.  Approximately two years later, on 13 
February 1968, you received NJP for absence from your appointed 
place of duty.  The punishment imposed was a reprimand.  Shortly 
thereafter, on 10 April 1968, you received your fourth NJP for 
possession of marijuana and a 21 day period of unauthorized 
absence (UA) .  The punishment imposed was restriction for 45 
days, reduction to paygrade E-1, and forfeitures totalling $150. 

Your record further shows that during the period from 26 August 
1968 to 27 January 1970 you were in a UA status on five occasions 
for a total of 442 days.  On 27 February 1970 you submitted a 
written request for an undesirable discharge in order to avoid 
trial by court-martial for the foregoing periods of UA. Your 
record 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.  Subsequently, on 9 April 1970, your 
request was granted and your commanding officer was directed to 
issue you an undesirable discharge by reason of the good of the 
service.  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. On 17 April 
1970 you were issued an other than honorable discharged. 

The Board, in its review of your entire record and application, 
carefully considered all mitigating factors, such as your youth 
and immaturity, and your contention that you would like your 
discharge upgraded.  The Board further considered your contention 
that you could not adapt to military life after leaving Vietnam 
and that you were l1not all togetherv1 when you accepted the offer 
of an undesirable discharge.  However, the Board concluded these 
factors were not sufficient to warrant recharacterization of your 
discharge given your frequent misconduct, especially your lengthy 
periods of UA, and your request for discharge to avoid trial for 
these 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 bargain with the Marine Corps when 
your request for discharge was granted and should not be 
permitted to change it now. Given all the circumstances of your 
case the Board concluded 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 PFEIFFER 
Executive Director 



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