DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAW ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 2013-00
25 August 2000
Dear
w
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.
The Board found you enlisted in the Marine Corps on 8 August 1968
at the age of 17.
were convicted by special court-martial
of UA and were sentenced to confinement at hard labor for four
months and a $160 forfeiture of pay.
Your record reflects that on 9 May 1969 you
(SPCM) of a 51 day period
Subsequently, on 19 February 1970 you submitted a written request
for an undesirable discharge in order to avoid trial by
martial for three periods of UA totalling 125 days.
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.
of a court-martial conviction and the potential penalties of a
punitive discharge and confinement at hard labor.
1970 you were so discharged.
As a result of this action, you were spared the stigma
Your request was subsequently
On 3 March
court-
Your record
The Board also considered your contention
The Board, in its review of your entire record and application,
carefully considered all mitigating factors, such as your youth
and immaturity and your contention that you would like your
discharge upgraded.
that it has been over 30 years since you were discharged.
However, the Board found the evidence and materials submitted
were not sufficient to warrant recharacterization of your
discharge given your frequent periods of UA and your request for
The Board believed that considerable
discharge to avoid trial.
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
Further, the Board concluded that you received the
discharge.
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.
merely because of the passage of time.
application has been denied.
Also, no discharge is upgraded
Accordingly, your
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
Executive Director
PE'EIFFER
NAVY | BCNR | CY2001 | 01821-00
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. 1971 you were so discharged. 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.
NAVY | BCNR | CY2001 | 02540-00
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 August 2000. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. insufficient to warrant recharacterization of your discharge given your record of an NJP, and the fact that you accepted discharge rather than face trial by court-martial for three periods of UA. The Board noted...
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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 . You were sentenced to confinement at hard labor On 30 January 1970 you were convicted by SPCM of a 99 day period of UA and were sentenced to confinement at hard labor for a month, restriction for a month, and an $80 forfeiture of pay. submitted a written request for an...
NAVY | BCNR | CY2001 | 01220-00
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. were so discharged. 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.
NAVY | BCNR | CY2001 | 07695-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 October 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. However, the Board found the evidence and materials submitted were not sufficient to warrant recharacterization of your discharge given the serious nature of your frequent and lengthy periods of UA, and your request for...
NAVY | BCNR | CY2002 | 06320-01
request for discharge was granted and your commanding officer was directed to issue you an undesirable discharge. Prior to submitting this request for discharge, you On 10 March 1972 The Board, in its review of your entire record and application, carefully considered all mitigating factors, such as your youth and immaturity, service in Vietnam, and your contention that because of your personality disorder you could not adjust to duty in the United States after your tour of Vietnam. ...
NAVY | BCNR | CY2001 | 00905-01
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. However, the Board found the evidence and materials submitted were not sufficient to warrant recharacterization of your discharge given your repetitive misconduct,...
NAVY | BCNR | CY2001 | 01878-00
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 Documentary material considered by the Board consisted of Board. 1982 you were so discharged. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence...
NAVY | BCNR | CY2002 | 02095-02
10, United A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 September 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. On 31 June 1971 you submitted a written and warned of the probable Your request for discharge was granted and on 22 July 1971 you received an undesirable discharge in lieu of trial by court-martial. ...
NAVY | BCNR | CY2002 | 05846-00
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. On 13 August 1970 you submitted a written request for an undesirable discharge in order to avoid trial by court-martial for a 272 day period of unauthorized absence (UA). believed that considerable clemency was extended to you when your request for discharge to avoid trial by court-martial...