DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS
Y
2 NAVY ANNEX
WASHINGTON DC 203704100
TRG
Docket No: 279-99
7 June 2000
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the 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 7 June 2000.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
your application,
thereof, your naval record and applicable statutes, regulations
and policies.
Documentary material considered by the Board consisted of
together with all material submitted in support
Your allegations of error and
After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you enlisted in the Marine Corps on 9
February 1967 at age 18.
nonjudicial punishment on three occasions.
two periods of unauthorized absence totaling about 35 days and
disobedience.
1968 to 18 March 1969.
were wounded in action.
Subsequently, you served in Vietnam from 13 March
During this period, on 16 May 1968, you
During the next 11 months you received
Your offenses were
The court sentenced you to reduction to pay grade E-l,
On 29 September 1969 you were convicted by a special
martial of two periods of unauthorized absence totaling about 124
days.
forfeiture of $75 pay per month for four months and confinement
You were restored to duty from
at hard labor for four months.
confinement on 30 December 1969.
received your fifth nonjudicial punishment for an unauthorized
absence of about 12 days.
On 16 February 1970 you
court-
Based on the foregoing record of misconduct, you were processed
for an administrative discharge.
processing, you elected to waive your right to have your case
heard by an administrative discharge board (ADB).
In connection with this
On 28 April
1970 the discharge authority approved the recommendation of your
commanding officer that you be discharged for unfitness with an
You were so discharged on 1 May 1970.
undesirable discharge.
In its review of your application the Board carefully weighed all
potentially mitigating factor such as your youth, limited
The Board also
education and combat service in Vietnam.
considered your contention, in effect,
to the Marine Corps after your return from Vietnam.
found that these factors and contentions were not sufficient to
warrant recharacterization of your discharge given your multiple
The Board noted
and lengthy periods of unauthorized absence.
that your last period of unauthorized absence began only 17 days
after you were restored to duty from confinement.
to the Board that you wanted to be discharged regardless of the
consequences.
The Board also noted that you waived an ADB, your
best opportunity to show that you should be retained or receive a
better characterization of service.
discharge was proper as issued and no change is warranted.
that you could not adjust
The Board concluded that the
The Board
This indicated
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
The names and
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
Executive Director
PFEIFFER
2
NAVY | BCNR | CY2001 | 07383-99
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. However, The record reflects that on 25 April 1968, while you were UA, your mother sent a telegram to her congressman to the effect that you had returned from Vietnam in June 1967 after serving for 14 months, and that the Marine Corps was trying to send you back. Although the clemency...
NAVY | BCNR | CY2010 | 02157-10
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 30 January 1969, shortly after being released from confinement, you began another period of UA that was not terminated until you were apprehended on 8 April 1969, On 19 May 1969 you were again UA for a three day. Consequently, when applying for a correction of an official naval record,...
NAVY | BCNR | CY2002 | 06568-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 November 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. You were sentenced to confinement at hard labor forfeitures of $50 per month for three months, On 31 January 1970, the convening Your record further reflects you were an unauthorized absentee from 5 March 1970 to 2...
NAVY | BCNR | CY2003 | 00780-03
Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, and applicable statutes, regulations and policies. However, the Board found that these factors were not sufficient to warrant recharacterization of your discharge given your misconduct that resulted in three NJPs, a SCM conviction for a lengthy period of unauthorized absence, and the civil conviction for drug possession. Consequently, when applying for a...
NAVY | BCNR | CY2001 | 06670-01
Your military record shows that on 23 April 1971 you submitted a written request for an undesirable discharge in order to avoid trial by court-martial for this 239 day period of unauthorized absence. requesting that original DD Form 214 issued on 2 June 1971 and the information on the SDRP 214 be corrected by removing all entries showing that you originally received an undesirable discharge. were not sufficient to warrant further recharacterization of your discharge or a confirmation of...
NAVY | BCNR | CY2001 | 02540-00
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 August 2000. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. insufficient to warrant recharacterization of your discharge given your record of an NJP, and the fact that you accepted discharge rather than face trial by court-martial for three periods of UA. The Board noted...
NAVY | BCNR | CY2002 | 04275-02
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. The Board noted that you were issued a clemency 1970's and not an honorable discharge as you 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, Further, of confinement at hard...
NAVY | BCNR | CY2001 | 02044-00
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 August 2000. 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. on 9 March 1969, you were On 15 December 1969 you received NJP for a two pay period punishment imposed was restriction for seven days and You were sentenced...
NAVY | BCNR | CY2001 | 01605-99
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 June 2000. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. sufficient to warrant recharacterization of your discharge given your lengthy period of unauthorized absence and especially your request for discharge to avoid trial for that offense. Consequently, when applying for a...
NAVY | BCNR | CY2012 | 01145 12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 November 2012. Nevertheless, the Board found that these factors were not sufficient to warrant changing the characterization of your discharge, given your record of three NJP’s, two convictions by SPCM’s, and by two SCM’s of serious misconduct. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to...