DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 203704100
CRS
Docket No: 611-99
5 July 2000
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 28 June 2000.
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 naval record and applicable statutes, regulations
and policies.
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 17
September 1968 at age 17.
six nonjudicial punishments and were convicted by a summary
court-martial and a special court-martial.
unauthorized absences totalling 24 days, stealing a tape deck
with ten tapes, dereliction of duty, disobedience of a lawful
order, and swinging your fists at a noncommissioned officer.
Your military record shows that on 30 July 1971 you submitted a
written request for an undesirable discharge in order to avoid
trial by court-martial for two periods of unauthorized absence
Your record also shows that prior to
totalling 44 days.
submitting this request you conferred with a qualified military
warined
lawyer at which time you were advised of your rights and
of the probable adverse consequences of accepting such a
discharge.
The Board found that your request was granted and., as
a result of this action, you were spared the stigma of a
martial conviction and the potential penalties of a punitive
You received an
discharge and confinement at hard labor.
The record reflects that you received
The offenses included
court-
However, these factors were not sufficient to
undesirable discharge on 28 September 1971.
On 20 September 1977 the Naval Discharge Review Board (NDRB)
changed the characterization of the discharge to general under
the provisions of the Special Discharge Review Program (SDRP).
However, on 9 August 1978 NDRB declined to confirm the general
discharge under its uniform discharge review standards, thus
denying you veterans' benefits.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and
immaturity.
warrant further recharacterization of your discharge or
confirmation of the general discharge given your request for
discharge to avoid trial for unauthorized absences
than a month, and your eight earlier disciplinary actions.
The
Board believed that considerable clemency was extended to you
when your request to avoid trial by court-martial was approved
since, by this action, you escaped the possibility of confinement
at hard labor and a punitive discharge.
concluded that you received the benefit of your bargain when your
request for discharge was granted and should not be permitted to
change it now.
Additionally, the Board believed that the relief
granted by the NDRB in accordance with the provisions of the SDRP
is sufficient in your case.
been denied.
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 official naval
record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
The names and votes of the members of the panel
totalling more
Further, the Board
Accordingly, your application has
Sincerely,
W. DEAN PFEIFFER
Executive Director
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