DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS
Y
2 NAVY ANNEX
WASHINGTON DC 203704100
TRG
Docket No: 1605-99
16 June 2000
Dear
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 13 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 for four
years on 27 January 1965 at age 18.
served in Vietnam from 6 May 1966 to 25 November 1966 and were
awarded the Combat Action Ribbon.
awarded the Good Conduct Medal.
On 26 January 1968 you were
The record shows that you
Your offenses were two periods of unauthorized
The record shows that during 1968 you received nonjudicial
punishment on three occasions and were convicted by a special
court-martial.
absence totaling about 28 hours,
place of duty, leaving your post without being properly relieved,
wrongful appropriation of a government vehicle and a uniform
Your four year enlistment would have expired on 26
offense.
January 1969, however,
27 January 1969.
a two year extension became effective on
absence from your appointed
On 3 February 1969 you began a period of unauthorized absence
Your military record shows
which lasted until 25 March 1971.
an
that on 14 April 1971 you submitted a written request for
undesirable discharge in order to avoid trial by court-martial
for the foregoing 782 day period of unauthorized absence.
record also 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.
your request was granted and, as a result of this action,
The Board found that
Your
You were discharged on 30 April 1971.
you
were spared the stigma of a court-martial conviction and the
potential penalties of a punitive discharge and confinement at
hard labor.
In its review of your application the Board carefully weighed all
potentially mitigating factors,
good service, combat service in Vietnam and your desire for
veterans benefits.
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.
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,
confinement at hard labor and a punitive discharge.
Board concluded that you received the benefit of your bargain
when your request for discharge was granted and you should not be
permitted to change it now.
discharge was proper as issued and no change is warranted.
Therefore, if you have been denied benefits you should appeal
that denial under procedures established by the Department of
Veterans Affairs.
The Board believes that you may be eligible for veterans benefits
based on your completion of your initial four year enlistment.
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
It is regretted that the circumstances of your case are such that
You are entitled to have the
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.
Sincerely,
W. DEAN PFEIFFER
Executive Director
3
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