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NAVY | BCNR | CY1999 | Document scanned on Thu Dec 28 08_47_42 CST 2000
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



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