DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

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2 NAVY ANNE

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WASHINGTON DC 20370-510

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ELP
Docket No. 3539-01
21 September 2001

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 Navy Records,
sitting in executive session,
19 September 2001.
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 injustice were

considered your application on

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 on 1 March
1965 for four years at age 19.
advanced to PFC and served for nine months without incident.
However, during the 12 month period from December 1965 to
December 1966 you received two nonjudicial punishments
 
failure to obey a lawful order,
and magazine,
restroom.

(NJP) for
having an unclean and rusty rifle

and for being drunk and sleeping in a cafe

The record reflects that you were

On 11 April 1967 you were convicted by special court-martial of
disrespect; failure to obey a lawful order; appearing at work
with trousers undone, belt unbuckled, and wearing no cover; a
brief period of unauthorized absence  
and a 28 day period of UA.
hard labor for six months,
months, and reduction in rank to PVT (E-l).
convening authority approved the sentence but suspended the

(UA) of more than six hours,
You were sentenced to confinement at
forfeitures of $86 per month for six

On 28 April 1967 the

confinement and forfeitures in excess of three months for a
period of six months.

The record of service (page 3) filed in the service record book
shows two entries as to when you were released from confinement.
The first states you were returned to duty on 12 June 1967 and
the second says you were returned on 8 June 1967.
6 of the record, which records lost time,
ended on 12 June 1967.

However, page
shows your confinement

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On 24 October 1967 the unexecuted portion of the special
martial sentence to confinement and forfeitures was vacated and
ordered executed.
summary court-martial of failure to obey an order and communi-
cating a threat.
for 30 days and a forfeiture of $36.

The following day, you were convicted by

You were sentenced to confinement at hard labor

 

court-

You served without further incident and were assigned to duty in
Vietnam on 4 April 1968.
departed Vietnam on 22 April 1969.
released for the convenience of the government under honorable
conditions and transferred to the Marine Corps Reserve.
You
received a general discharge upon completion of your military
obligation on 17 July 1971.

You were again advanced to PFC and
On 9 June 1969 you were

The DD Form 214 shows that you had three periods of lost
time, UA from 10 February to 10 March 1967 and two periods of
confinement from 11 April to 12 June and 22 October to 21
December 1967.
for entitlement to the Good Conduct Medal commenced on 26 October
1967, the day after your summary court-martial conviction.
Eligibility for the Good Conduct Medal requires three years of
continuous active service without any disciplinary action.

The DD Form 214 also indicates that eligibility

Regulations provided that individuals discharged for the
convenience of the government would receive the type of discharge
Character of service is based,
warranted by the service record.
in part, on conduct and proficiency averages which are computed
from marks assigned during periodic evaluations.
conduct and proficiency averages were 3.6 and 3.8, respectively.
A minimum average mark of 4.0 was required in conduct for a fully
honorable characterization of service at the time of your
discharge.

Your final

In its review of your application the Board carefully weighed all
potentially mitigating factors such as your youth and immaturity,
Vietnam service, and the fact that it has been more than 32 years
The Board noted your contention that
since you were discharged.
You claim
the lost time shown on your DD Form 214 is incorrect.
you were not confined on 6 June 1967 because you were on standby

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to go to Israel during the six-day war and if what is shown on
the record is true, the Marine Corps got your record mixed up
You further contend that a summary
with someone else's record.
court-martial can only award 30 days of confinement and that the
third period of lost time for 61 days of confinement, from  
22
October to 21 December 1967, is also in error; that the Marine
Corps intentionally "messed-up your records"; gave you a less
than honorable discharge because of your race; and that you
should be compensated in the amount of three million dollars for
your pain and suffering.
you were awarded a Good Conduct Medal,

You further claim the record shows that
which you never received.

NJP's, convictions by a special  

Furthermore, you have provided no explanation why

The Board concluded that the foregoing factors and contentions
were insufficient to warrant recharacterization of your discharge
court-
given your record of two  
martial and summary court-martial,
and the fact that you failed
While there was an
to achieve the required average in conduct.
inconsistency in the dates as to when you were released from your
first period of confinement,
the Board has no way of determining
now, 32 years later, the date you were actually released from
confinement.
you waited 32 years to contest the amount of lost time on your DD
Form 214.
Your contention that a summary court-martial can only
award 30 days of confinement is correct.
forgot that the portion of the special court-martial sentence to
confinement that was suspended, was later vacated and ordered
executed prior to your summary court-martial conviction.
claim of racial discrimination is neither supported by the
evidence of record nor by any evidence submitted in support of
Your DD Form 214 does not indicate that you
your application.
received a Good Conduct Medal,
medal commenced on 26 October 1967.
to award compensation for pain and suffering.
The Board
concluded that your discharge was proper and no change is
warranted.
report obtained by the Board noted that your post-service conduct
has been marred by numerous convictions for shoplifting,
burglary, petty theft, auto theft, possession of marijuana,
receiving stolen property, attempting to escape, and possession
of a firearm as a convicted felon.
has been denied. The names and votes of the members of the panel
will be furnished upon request.

only that your eligibility to the
The Board has no authority

Additionally, a Federal Bureau of Investigation

However, you apparently

Your

Accordingly, your application

It is regretted that the circumstances of your case are such
that favorable action cannot be taken.
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.

You are entitled to have

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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