DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TJR
Docket No: 4596-00
27 September 2001
Dea r
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 25 September 2001.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
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.
(NJP) for a
The punishment
You were sentenced to
Approximately four months later, on 27
The Board found you enlisted in the Marine Corps on 3 October
1966 at the age of 17.
February 1967, you received nonjudicial punishment
six day period of unauthorized absence (UA).
imposed was correctional custody for 10 days, which was suspended
for two months, and a $45 forfeiture of pay.
On 31 May 1967 you
were convicted by special court-martial (SPCM) of a 24 day period
of UA and altering an identification card.
reduction to
months, and a $264 forfeiture of pay.
were again convicted by SPCM of three periods of UA totalling 62
days and two specifications of breaking restriction.
You were
sentenced to a suspended confinement at hard labor for six
months, $360 forfeiture of pay,
(BCD).
January 1968 you received NJP for a 14 day period of UA and were
awarded a $20 forfeiture of pay.
convicted by summary court-martial (SCM) of two periods of UA
totalling 39 days.
You were sentenced to confinement at hard
labor for 30 days and a $65 forfeiture of pay.
paygrade E-l, confinement at hard labor for four
On 6 December 1967 you
However, the BCD was subsequently suspended.
and a bad conduct discharge
On 31
On 4 April 1968 you were
Your record also reflects that on 28 August 1969 you submitted a
written request for an undesirable discharge in order to avoid
trial by court-martial for a 69 day period of UA and absence from
your appointed place of duty.
Prior to submitting 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.
September 1969, your request was granted and your commanding
officer was directed to issue you an undesirable discharge by
reason of the good of the service.
As a result of 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.
On 30 October 1969 you were issued an other than
honorable discharge.
Subsequently, on 24
On 20 August 1977, in accordance with the Special Discharge
Review Program (SDRP),
changed to general under honorable conditions.
However, this
change does not entitle you to any benefits administered by the
Department of Veterans Affairs.
the characterization of your discharge was
However, these factors and contention were
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity, combat service, and your contention
that corrective action should be taken so that you may receive
veterans benefits.
not sufficient to warrant further recharacterization of your
discharge because of the seriousness of your frequent and lengthy
periods of UA.
The Board noted that your misconduct continued
even after the BCD was suspended and you were given a chance to
earn an honorable or general discharge.
believed that considerable clemency was extended to you when your
request for discharge to avoid trial by court-martial was
approved, and since your discharge was later recharacterized in
accordance with the SDRP. Given the circumstances of your case,
the Board concluded your discharge was proper as issued and no
change is warranted.
Accordingly,,your application has been
denied.
Further, the Board
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 PFEIFFER
Executive Director
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