DEPARTMENT OF THE NAVY
EOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
ELP
Docket No. 5600-01
8 August 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.
A three-member pa
sitting in
execut
1 August 2001.
reviewed in
actor
procedures applic
Documentary mater
application, toge
thereof, your nav
and policies.
1 of the Board for Correction of Navy Records,
e session, considered your application on
r allegations of error and injustice were
nce with administrative regulations and
le to the proceedings of this Board.
1 considered by the Board consisted of your
er with all material submitted in support
record and applicable statutes, regulations
After careful and
record, the Board
insufficient to es ablish the existence of probable material
error or injustice
onscientious consideration of the entire
ound that the evidence submitted was
You enlisted in th
at age 17.
served for 11 mont
month period
nonjudicial
court-martial.
unauthorized absen
punis
Marine Corps on 17 June 1969 for four years
ord reflects that you were advanced to PFC and
However, during the six
without incident.
ay to November 1970, you received three
(NJP) and were convicted by a special
r offenses consisted of four periods of
totalling about 54 days.
The record
a request for an u
service to escape
confinement.
a qualified
your rights
accepting
were sufficient in law and fact.
that on 9 December 1970 you submitted
discharge for the good of the
by court-martial for escaping from lawful
to submitting this request you conferred with
lawyer at which time you were advised of
probable adverse consequences of
The SJA opined that the proceedings
On 16 December 197
and directed an un esirable discharge for the good of the
the discharge authority approved your request
service.
You were so discharged on 23 December 1970.
On 22 December 1977, by a vote of 3-2,
Board (NDRB) recommended no change in your discharge.
majority's recommendation was approved by Assistant Secretary of
the Navy on 3 February 1977.
the Naval Discharge Review
The
The Board noted your contention
The Board concluded
The Board believed that
In its review of your application the Board carefully weighed all
potentially mitigating factors such as your youth and immaturity,
limited education, and the fact that it has been more than 30
years since you were discharged.
that you were told in 1970 that your discharge would be changed
to a general discharge after 12-18 months.
that the foregoing factors and contention were insufficient to
warrant recharacterization of your discharge given your record of
three
NJPs, a special court-martial conviction, and the fact that
you accepted discharge rather than face trial by court-martial
for escaping from confinement.
considerable clemency was extended to you when the request for
discharge to avoid trial by court-martial was approved since, by
this action, you
e$caped the possibility of confinement at hard
labor and a punitive discharge.
that you received the benefit of your bargain with the Marine
Corps when your request for discharge was granted and you should
Additionally, there are no
not be permitted to change it now.
provisions for upgrading a discharge simply due to the passage of
time.
change is warranted.
denied. The names and votes of the members of the panel will be
furnished upon request.
The Board concluded that the discharge was proper and no
Accordingly, your application has been
Further, the Board concluded
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.
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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