DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 8284-98
18 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 11 May 1999.
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.
Your allegations of error and
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.
Your record shows that on 9 December 1966 you
The Board found you enlisted in the Marine Corps on 22 March 1966
at the age of 17.
received nonjudicial punishment (NJP) for two incidents of
unauthorized absence (UA) totalling 32 days and an unspecified
violation of Article
Justice.
days and forfeitures totalling $50.
The punishment imposed was correctional custody for 30
34 of the Uniform Code of Military
On 16 December 1969 you submitted a written request for an
Your record further reflects that on 20 October 1968 you began a
393 day period of UA that was not terminated until 18 November
1969.
undesirable discharge. in order to avoid trial by court—martial
for the foregoing period 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.
disapproved your request.
1970, you again submitted a written request for an undesirable
discharge in order to avoid trial by court-martial.
However, on 16 January 1970, the discharge authority
Shortly thereafter, on 26 January
On 12
February 1970 the discharge authority again disapproved your
request and referred your case to trail.
were convicted by special court-martial (SPCM) of the 393 day
period of UA.
You were sentenced to confinement at hard labor
for two months, forfeitures totalling $50, and a bad conduct
discharge (BCD) .
and approved, the BCD was ordered executed.
received the BCD.
1977, your initial discharge was changed and you were awarded a
clemency discharge pursuant to Presidential Proclamation 4313.
After the findings and sentence were reviewed
On 15 May 1970 you
Approximately seven years later, on 17 July
On 17 February 1970 you
The Board, in its review of your entire record and application,
carefully considered all mitigating factors, such as your youth
and immaturity, combat history, and your contention that you
would like your discharge upgraded.
your contentions that you had problems adjusting after returning
from Vietnam, and there were extenuating circumstances involved
in your period of UA.
materials submitted were not sufficient to warrant
recharacterization of your discharge given your lengthy period of
UA from the Marine Corps.
Further, the Board noted that there is
no evidence in your record, and you submitted none, to support
your contentions.
Board concluded your discharge was proper as issued and no change
is warranted.
Accordingly, your application has been denied.
Given all the circumstances of your case the
The Board further considered
However, the Board found the evidence and
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.
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.
You are entitled ~to have the
Sincerely,
W. DEAN PFEIFFER
Executive Director
2
NAVY | BCNR | CY1998 | 07938-98
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 May 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. After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the existence...
NAVY | BCNR | CY2001 | 04596-00
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 September 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. January 1968 you received NJP for a 14 day period of UA and were awarded a $20 forfeiture of pay. Given the circumstances of your case, the Board concluded...
NAVY | BCNR | CY2012 | 07487-12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 May 2013. 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. On 23 December 1970, you again made a written request for discharge for the good of the service to avoid trial by court-martial for UA from your unit...
NAVY | BCNR | CY1999 | 01099-99
A three-member panel of the Board for Correction of Na-1 Records, sitting in executive session, considered your application on 20 July 1999. 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. On 23 April 1969 the commanding officer recommended your husband be issued an undesirable discharge by reason of unfitness.
NAVY | BCNR | CY2006 | 08092-06
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.You enlisted in the Marine Corps on 8 October 1969 at age 17. However, your request was denied and...
NAVY | BCNR | CY2010 | 10677-10
A three-member panel of the Board for Correction of Naval - Records, sitting in executive session, considered your application on 3 August 2011. 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 | 06320-01
request for discharge was granted and your commanding officer was directed to issue you an undesirable discharge. Prior to submitting this request for discharge, you On 10 March 1972 The Board, in its review of your entire record and application, carefully considered all mitigating factors, such as your youth and immaturity, service in Vietnam, and your contention that because of your personality disorder you could not adjust to duty in the United States after your tour of Vietnam. ...
NAVY | BCNR | CY1998 | 07460-98
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 April 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. Given all the circumstances of your case the.Board concluded your discharge was proper as issued and no change is warranted.
NAVY | BCNR | CY2002 | 07518-00
he had been granted an honorable discharge by the Department of the Navy, but that this decision was reversed by the Marine Corps. b. Mr. documentation that the patient manifested symptoms of PTSD immediately following his return from Vietnam, and that these symptoms led to the patient's undesirable discharge in 1970. result of the patient's Vietnam combat experiences.
NAVY | BCNR | CY2006 | 00043-06
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.You enlisted in the Marine Corps on 13 October 1969 at age 18. Subsequently, you were issued a...