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NAVY | BCNR | CY2001 | 05434-01
Original file (05434-01.pdf) Auto-classification: Denied
DEPARTMENT OF THE  N A V Y  

B O A R D   F O R   C O R R E C T I O N  O F   NAVAL  R E C O R D S  

2  N A V Y A N N E X  

W A S H I N G T O N   D C   2 0 3 7 0 - 5 1 0 0  

CRS 
Docket No:  5434-01 
14 March 2002 

This is in reference to your application for 
naval record pursuant to the provisions of T 
States Code, Section 1552. 

correction 
itle 10, Un 

of your 
ited 

A  three-member panel of the Board for Correction of Naval 
Records, sitting in executive session, considered your 
application on 13 March 2002.  Your allegations of error and 
injustice were 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 Board found that you enlisted in the Marine Corps on 17 May 
1967 at age 17.  The record reflects that you received two 
nonjudicial punishments and were convicted by a summary court- 
martial.  The offenses included drunk and disorderly conduct, 
appearing in an unclean uniform, willful disobedience of a lawful 
order, and absence from your appointed place of duty. 

Your military record shows that on 10 February 1970 you submitted 
a written request for an undesirable discharge in order to avoid 
trial by court-martial for an unauthorized absence of nine days, 
two instances of willful disobedience of a lawful order, two 
instances of disrespect, theft of a jeep, assault, and possession 
of marijuana.  Your record also shows that 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.  The 
Board found that your request was granted and, 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.  You received an undesirable 
discharge on 1 7   March  1 9 7 0 .  

On 8 September 1 9 7 7   the Naval Discharge Review Board  (I4DHB) 
changed the characterization of the discharge to general under 
the provisions of the Special Discharge ~ e v i e w  Program.  However, 
on 27  May  1 9 7 8   NDRB declined to confirm the general discharge 
under its uniform dischar~c review standards, thus denying you 
, . .,,,- I c .  I ,-ansf b8ellr.f its. 

In its review of your application the Board carefully weighed all 
potentially mitigating factors, such as your youth and 
immaturity.  However, these factors were not sufficient to 
warrant further recharacterization of your discharge or 
confirmation of the general discharge given your request for 
discharge to avoid trial for serious offenses, and your three 
earlier disciplinary actions.  The Board believed that 
considerable clemency was extended to you when your request 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.  Further, the Board concluded that you 
received the benefit of your bargain when your request for 
discharge was granted and should not be permitted to change it 
now.  ~dditionally, the Board believed that the relief granted by 
the NDRB in accordance with the provisions of the SDRP is 
sufficient in your case.  Accordingly, your application has been 
denied.  The names and votes of the members of the panel will be 
furnished upon request. 

Concerning your request for a general discharge certificate, you 
should present that request and supporting evidence to the 
National Personnel Records Center, 9 7 0 0   Page Boulevard, St. 
Louis, Missouri 63132. 

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 p~cviuusly 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 



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