DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
ELP
Docket No. 2540-00
31 August 2000
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 30 August 2000.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
your application, together with all material submitted in support
thereof, your naval record and applicable statutes, regulations
and policies.
Documentary material considered by the Board consisted of
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 reenlisted in the Marine Corps for six
At the time of your
years on 23 January 1969 as a SGT (E-5).
reenlistment, you had completed more than three years of prior
honorable service and had served in Vietnam from January 1967 to
September 1968.
91-day period of unauthorized absence
The record reflects that you served without incident until
24 July 1969 when you were convicted by special court-martial of
a
to confinement at hard labor for three months, reduction in rank
to PVT (E-l), and forfeitures of $100 per month for three months.
On 15 August 1969 the convening authority suspended the
confinement and forfeitures in excess of one month and the
reduction below pay grade E-3.
(UA).
You were sentenced
On 30 October 1969 you received nonjudicial punishment for
failure to go to your appointed place of duty.
punishment awarded is not shown in the record.
However, the
In January 1970 you began a series of
2 February, 2 February to 13 March, and 23 to 25 March 1970. On
26 March 1970 the convening authority vacated that portion of the
court-martial sentence that was suspended on 15 August 1969 and
ordered it executed.
UAs from 24 January to
Prior to submitting this request you conferred with a
On 4 May 1970 you submitted a request for an undesirable
discharge for the good of the service to escape trial by court-
martial for the foregoing three periods of UA totalling about 51
days.
qualified military lawyer at which time you were advised of your
rights and warned of the probable adverse consequences of
accepting such a discharge.
request and found it to be sufficient in law and fact.
1970 the discharge authority directed an undesirable discharge
for the good of the service.
1970.
A staff judge advocate reviewed your
On 26 May
You were so discharged on 4 June
a special court-martial conviction,
The Board concluded that these factors were
In its review of your application the Board carefully weighed all
potentially mitigating factors such as your prior honorable
service, Vietnam service, letter in support of your application,
and the fact that it has been more than.30 years since you were
discharged.
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 you
received extraordinary consideration when the special court-
martial did not award you a punitive discharge and the convening
authority further mitigated the sentence.
that considerable clemency was also 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
with the Marine Corps when your request for discharge was granted
and you should not be permitted to change it now.
no basis for changing your discharge, there is likewise no basis
for changing your reenlistment and separation codes.
Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon request.
The Board believed
you escaped the possibility of
Further, the
Since there is
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.
2
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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