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Decision Text

NAVY | BCNR | CY1999 | 01099-99
Original file (01099-99.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  20370-51 00 

TJR 
Docket No:  1099-99 
22 July 1999 

Dear 

This is in reference 'to your application for correction of your 
late husband's  naval record pursuant to the provisions of Title 
10, United States Code, Section 1552. 

A three-member panel of the Board for Correction of Na-1 
Records, sitting in executive session, considered your 
application on 20 July 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 husband's  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 your husband enlisted in the Marine Corps on 2 
March 1966 at the age of 18.  His record reflects that on 14 
March 1966 he received nonjudicial punishment  (NJP) for a day of 
unauthorized absence  (UA).  The punishment imposed was 
correctional custody for seven days.  On 19 July 1967 he received 
his second NJP for absence from his appointed place of duty.  The 
punishment imposed was forfeitures totalling $40 and extra duty 
for 14 days. 

Your husband's  record further reflects that on 26 February 1968 
he was convicted by summary court-martial  (SCM) of two periods of 
UA totalling 43 days and failure to obey a lawful order.  He was 
sentenced to forfeitures totalling $65 and extra duty and 
restriction for 30 days.  On 23 October 1968 he was convicted by 
special court-martial  (SPCM) of three periods of UA totalling 79 
days, failure to obey a lawful order, and breaking restriction. 
He was sentenced to reduction to paygrade E-1, confinement at 
hard labor for six months, and forfeitures totalling $180. 

On 8  April  1969 your husband was notified of pending 
administrative separation action by reason of unfitness.  On 10 
April  1969 he was convicted by SCM of a five day period of UA and 
sentenced to confinement at hard labor for 15 days, restriction 
for 30 days, and forfeitures totalling $50.  The restriction and 
forfeitures were suspended for six months.  On 22 April  1969, 
after consulting with legal counsel, your husband submitted a 
written request for immediate execution of the discharge.  His 
request stated, in part, as follows: 

In regards to undesirable discharge that has been 
recommended to me,  I feel that it would be better for both 
the Marine Corps and myself if I can get it....  I want out 
so bad that I will keep on purposely doing wrong until I get 
discharged from the Marine Corps .... If I can't  get the 
undesirable, I guess I can settle for the BCD  (bad conduct 
discharge) . 

On 23 April  1969 the commanding officer recommended your husband 
be issued an undesirable discharge by reason of unfitness. 
Subsequently, the discharge authority approved the foregoing 
recommendation and directed the commanding officer to issue an 
undesirable discharge.  On 25 June 1969, while in absentia, your 
husband was so discharged. 

The Board, in its review of your husband's  entire record and 
application carefully weighed all potentially mitigating factors, 
such as his youth and immaturity, record of promotions, Vietnam 
service, and post service conduct.  The Board further considered 
your contention that you would like his discharge upgraded and 
noted the character reference letters provided in support of his 
application.  However, the Board concluded these factors were not 
sufficient to warrant recharacterization of his discharge given 
the serious nature of his frequent and lengthy periods of UA from 
the Marine Corps, which resulted in two NJPs and three court- 
martial convictions, and especially his request for immediate 
execution of the administrative discharge.  Given the 
circumstances of his case the Board concluded his 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  o f f i c i a l   naval 
record,  the  burden  i s  on  the  applicant  t o   demonstrate  the 
existence  of  probable  material  error  or  i n j u s t i c e .  

Sincerely, 

W .   DEAN  PFEIFFER 
Executive  Director 



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