DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TJR
Docket No: 4560-01
28 December 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.
of,the Board for Correction of Naval
A three-member panel
Records, sitting in executive session, considered your
application on 11 December 2001.
injustice were reviewed in accordance with administrative
of this
regulations and procedures applicable to the proceedings
Documentary material considered by the Board consisted of
Board.
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 January
Your record reflects that you served for
1968 at the age of 23.
a year and three months without disciplinary incident, but on 20
March 1969, you received nonjudicial punishment (NJP) for failure
to obey a lawful order and were awarded a reduction to
paygrade
E-l and restriction for 30 days.
The
NJP for disrespect and drunk and disorderly conduct.
punishment imposed was a $60 forfeiture of pay and extra duty for
court-
20 days.
martial (SCM) of two specifications of failure to obey a lawful
order and sentenced to restriction for 20 days and a $50
forfeiture of pay.
for failure to obey a lawful order and were awarded a $25
forfeiture of pay.
On 21 July 1969 you were convicted by summary
You received your third NJP on 13 August 1969
On 14 June 1969 you received
Your record also reflects that on 10 February 1970 you submitted
a written request for an undesirable discharge in order to avoid
trial by court-martial for two specifications of absence from
your appointed place of duty and two specifications of failure to
Your record shows that prior to submitting
obey a lawful order.
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.
Subsequently, your request was granted and your commanding
officer was directed to issue you an other than honorable
discharge by reason of the good of the service.
this action, you were spared the stigma of a court-martial
conviction and the potential penalties of a punitive discharge
and confinement at hard labor.
an other than honorable discharge.
On 13 March 1970 you were issued
As a result of
The Board also considered
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 your ability to serve
was impaired by racial discrimination.
your contention that you believe that under today's standards you
would not receive a discharge other than honorable conditions.
However, the Board found the evidence and materials submitted
were not sufficient to warrant recharacterization of your
discharge given the seriousness of your repetitive misconduct and
your request for discharge to avoid trial.
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 discharge.
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.
application has been denied.
Further, the Board
Accordingly, your
The Board noted that you should contact Headquarters, United
States Marine Corps, 3280 Russell Road, Quantico, VA 22134-5103
to request the medals and ribbons listed on your Certificate of
Further,
Discharge or Release from Active Duty (DD Form 214).
the notation on your DD Form 214 does not show that you received
a Good Conduct Medal, but only sets the starting date for the
next period for that award.
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.
2
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 PFEIFE'ER
Executive Director
3
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