DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TRG
Docket No: 2128-00
16 October 2001
Dea
This is in reference to your
naval record pursuant to the
States Code section 1552.
application for correction of your
provisions of Title 10 of the United
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.
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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board was unable to obtain your service record and conducted
its review based on the copies of the record you submitted.
available records show that you enlisted in the Marine Corps on
26 August 1966 at age 18.
You then served in Vietnam from 12
February 1967 until early in 1968.
participated in nine combat operations, however, there is no
In
evidence that you were awarded the Combat Action Ribbon.
addition, during 1967 you received nonjudicial punishment and
were convicted by a special court-martial.
failure to go to your appointed place of duty and treating a
noncommissioned officer with contempt.
While in Vietnam you
Your offenses were a
The
On 25 January 1968 you were convicted by another special
martial of failing to report for guard school, disobedience and
leaving your post without being properly relieved.
you were an unauthorized absentee on four occasions totaling
about 246 days.
1969 and convicted you of the four periods of absence.
sentenced you, as mitigated,
A general court-martial convened on 18 February
to forfeiture of all pay and
court-
Subsequently,
The court
allowances, confinement at hard labor for one year and a bad
conduct discharge.
December 1969.
The bad conduct discharge was issued on 23
On 17 August 1972 you fraudulently reenlisted in the Marine
Corps.
administrative discharge.
discharge on 3 May 1973.
When the fraud was discovered you were processed for an
You were issued an undesirable
The records you submitted show that on 10 July 2001, the National
Personnel Records Center, St. Louis, Missouri issued you
certification of military service which shows that you served in
the Marine Corps from 29 April 1967 until you were issued an
honorable discharge on 20 June 1970.
of this document is unknown since the available records clearly
show that you received a bad conduct discharge on 23 December
1969.
The basis for the issuance
a'
the Board carefully weighed
In its review of your application,
all potentially mitigating factors, such as your youth, limited
education, service in Vietnam, and your contention that your
The Board found
family problems impaired your ability to serve.
that these factors and contentions were not sufficient to warrant
recharacterization of your discharge given your repeated
misconduct and especially your conviction by a general
The
martial of unauthorized absences totaling about 246 days.
Certification of Military Service was disregarded because it was
in conflict with the information contained in the record.
court-
Concerning the undesirable discharge you received on 3 May 1973,
the Board found that you fraudulently enlisted by concealing the
fact that you had previously received a bad conduct discharge.
The
In such a case an undesirable discharge is normally issued.
Board concluded that a change in the undesirable discharge issued
on 3 May 1973 was not warranted.
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
The names and
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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