DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
ELP
Docket No. 3787-01
5 October 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.
considered your application on
Your allegations of error and injustice were
A three-member panel of the Board for Correction of Navy Records,
sitting in executive session,
3 October 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.
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 record reflects that you were advanced to
You enlisted in the Marine Corps on 22 September 1967 for four
years at age 17.
PFC (E-3) and assigned to duty in Vietnam on 11 May 1968.
the five month period from October 1968 to March 1969, you
received three nonjudicial punishments (NJP) and were convicted
by a summary court-martial.
instances of violating a general order by being in an off-limits
area, sleeping while posted as a sentinel, leaving your post
without being properly relieved,
and failure to go to your
appointed place of duty.
Your offenses consisted of two
During
On 18 June 1969 you were convicted by special court-martial of
wrongful appropriation of a jeep and possession of marijuana.
You were sentenced to confinement at hard labor for five months,
a bad conduct
forfeitures of $73 per month for five months, and
discharge.
confinement at hard labor and a bad conduct discharge, if
adjudged.
You had a pre-trial agreement for suspension of all
On the same day, the convening authority approved only
so much of sentence that provided for confinement at hard labor
and forfeitures for five months.
for a period of six months.
1969.
the sentence pertaining to confinement was vacated and ordered
executed.
shown in available records.
However, on 23 June 1969, the suspension of that part of
The facts and circumstances of this vacation are not
You departed Vietnam on 21 June
The confinement was suspended
.
On 29 January 1970 you
Prior to submitting this request you conferred
You were reported as an unauthorized absentee (UA) on 11 November
1969 and remained absent until you were apprehended by civil
authorities on 12 December 1969.
submitted a request for an undesirable discharge for the good of
the service to escape trial by court-martial for the 31 day
period of UA.
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.
On 18 February 1970 a staff judge
advocate reviewed the request and found it to be sufficient in
law and fact.
He noted in his review your prior disciplinary
history of three
a special court-martial, and that you had participated in 11
combat actions while in Vietnam.
Thereafter, the discharge
authority approved the request and directed an undesirable
discharge and you were so discharged on 26 February 1970.
NJPs, convictions by a summary court-martial and
Your contention to
In its review of your application the Board carefully weighed all
potentially mitigating factors such as your youth and immaturity,
limited education, Vietnam service, and the fact that it has been
more than 31 years since you were discharged.
the effect that you signed papers for discharge without benefit
of legal counsel is not supported by the evidence of record.
Board concluded that the foregoing factors were insufficient to
warrant recharacterization of your discharge given your record of
three
NJPs, convictions by a summary and a special court-martial,
and the fact that you accepted discharge rather than face trial
by court-martial for a 31-day period of UA.
you failed to learn from your prior disciplinary experiences.
Therefore, the Board believed that considerable clemency was
extended to you when your request for discharge to avoid trial by
court-martial 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 discharge was granted and you should not be permitted to
change it now.
The names and votes of the members of the panel will be furnished
upon request.
Accordingly, your application has been denied.
The Board noted that
The
It is regretted that the circumstances
that favorable action cannot be taken.
of your case are such
You are entitled to have
2
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 PFEIFFER
Executive Director
3
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...
NAVY | BCNR | CY2006 | 10496-06
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.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 May 1967. The court sentenced you to...
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 | CY2002 | 06568-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 November 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. You were sentenced to confinement at hard labor forfeitures of $50 per month for three months, On 31 January 1970, the convening Your record further reflects you were an unauthorized absentee from 5 March 1970 to 2...
NAVY | BCNR | CY2002 | 10974-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 October 2003. On 24 June 1968 you were convicted by SCM of a 15 day period of UA and sentenced to a $65 forfeiture of pay and confinement at hard labor for 30 days. 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 | CY2005 | 07427-05
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.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 enlisted in the Marine Corps on 28 March 1968 at age 18. As a result, on 5 March 1971, you...
NAVY | BCNR | CY2006 | 04708-06
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.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 enlisted in the Marine Corps on 10 July 1969 at age 17. Nevertheless, the Board concluded these...
NAVY | BCNR | CY2001 | 04903-01
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 | CY2003 | 07477-03
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.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 enlisted inthe Navy on 28 November 19 I at age 22. The forfeitures and confinement were suspended...
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...