DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 905-01
25 June 2001
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 19 June 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.
your application, together with all material submitted in support
and applicable statutes, regulations,
thereof, your naval record,
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.
The Board found you enlisted in the Marine Corps on 9 May 1969 at
Your record reflects that on 4 June 1969 you
the age of 17.
received nonjudicial punishment (NJP) for a 16 day period of
unauthorized absence (UA) and were awarded correctional custody
for 14 days.
offenses.
period of UA.
and restriction and extra duty for 14 days.
On 26 June 1970 you received NJP for a three day
On 2 February 1970 you received NJP for unspecified
The punishment imposed was a $29 forfeiture of pay
Subsequently, you submitted a written request for an
Your record further reflects that on 17 July 1970 you began a
1,580 day period of UA that was not terminated until 14 November
1974.
undesirable discharge in order to avoid trial by court-martial
for the foregoing period of UA.
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.
was granted and your commanding officer was directed to issue you
an other than honorable discharge for the good of the service.
As a result of this action, you were spared the stigma of a
Prior to submitting this
Your request
court-martial conviction and the potential penalties of a
punitive discharge and confinement at hard labor.
1974 you received an other than honorable discharge.
time you enrolled in the Reconciliation Service Program with the
understanding that if you performed 22 months of alternate
service a clemency discharge would be substituted for the
undesirable discharge.
terminated from the reconciliation program due to failure to
complete the required alternate service.
However, on 12 January 1976, you were
At that
On 14 November
The Board, in its review of your entire record and application,
carefully considered all mitigating factors, such as your youth
The Board also considered your contention that
’ and immaturity.
you did not receive credit for or an upgrade of your clemency
discharge, and because of this oversight you have not received
veterans' benefits.
However, the Board found the evidence and
materials submitted were not sufficient to warrant
recharacterization of your discharge given your repetitive
misconduct, your request for discharge to avoid trial for a
lengthy period of UA, and your failure to complete the required
period of alternate service you requested in order to receive a
clemency discharge.
clemency a discharge, you would not be eligible for veterans'
benefits.
extended to you when your request for discharge 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.
Further, the Board concluded that you received the
benefit of your bargain with the Marine Corps when your request
for discharge was granted and you should not be permitted to
change it now.
The Board believed that considerable clemency was
Accordingly, your application has been denied.
Additionally, even if you had received
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.
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 PFEIFFER
Executive Director
2
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