DEPARTMENT OF THE NAV
BOARD FOR
Y
0~ NAVAL RECORDS
CORRECTION
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 1821-00
25 August 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 15 August 2000.
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.
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.
Your record reflects that on 9 January 1970
The Board found you enlisted in the Marine Corps on 25 June 1969
at the age of 19.
you received nonjudicial punishment (NJP) for a 10 day period of
unauthorized absence (UA).
and restriction for 14 days.
for failure to obey a lawful order and being incapacitated for
duty due to overindulgence in alcoholic beverages.
punishment imposed was a $30 forfeiture of pay.
On 1 March 1970 you received NJP
The punishment imposed was extra duty
The
On 1 September 1971 you submitted
On 8 August 1970 you began a 347 day period of UA that was not
terminated until 25 July 1971.
a written request for an undesirable discharge in order to avoid
trial by court-martial for this period
reflects 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.
_
granted and your commanding officer was directed to issue you an
other than honorable discharge by reason of the good of the
service.
As a result of this action, you were spared the stigma
Your request was subsequently
Your record
of UA.
On 20 October
and your contention that you
The Board also considered
of a court-martial conviction and the potential penalties of a
punitive discharge and confinement at hard labor.
1971 you were so discharged.
The Board, in its review of your entire record and application,
carefully considered all mitigating factors, such as your youth
and immaturity, combat history,
would like your discharge upgraded.
your request for medical assistance due to your post traumatic
stress disorder (PTSD) and other health reasons which resulted
from your time served in Vietnam.
evidence and materials submitted were not sufficient to warrant
recharacterization of your discharge given your lengthy period of
UA and your request for discharge to avoid trial for the same.
The Board believed that considerable clemency was extended to you
when your request for an undesirable discharge 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 with the
Marine Corps when your request for a clemency discharge was
granted and should not be permitted to change your discharge now.
Finally, you have submitted no evidence that you have been
diagnosed with PTSD or, even if you were, that it caused or
contributed to your misconduct.
has been denied.
Accordingly, your application
However, the Board found the
Further, the Board
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
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
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