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NAVY | BCNR | CY2001 | 00279-99
Original file (00279-99.pdf) Auto-classification: Denied
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



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