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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