DEPARTMENTOFTHE NAV
Y
BOARD FOR CORRECTION OF NAVAL RECORD
ANNEX
NAVY
2
WASHINGTON DC 20370-510
0
S
TRG
Docket No: 6670-01
8 January 2002
Dear,-
in reference to your
This is
naval record pursuant to the
States Code section 1552.
application for correction of your
provisions of Title 10 of the United
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 3 January 2002.
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.
Your allegations of error and
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.
You enlisted in the Maine Corps on 31 January 1966 for four years
at age 17.
Subsequently, you served in Vietnam from 17 May 1967
until 13 December 1968, a period of about 18 months.
tour in Vietnam, you were awarded the Combat Action Ribbon. On
17 April 1969 you received an honorable discharge for the purpose
of immediate reenlistment in the Marine Corps and payment of a
reenlistment bonus.
You reenlisted in the Marine Corps on 18
April 1969.
convicted you of four periods of unauthorized absence totaling
about 47 days and breaking restriction.
A special court-martial convened on 13 May 1970 and
During your
On 9 August 1970 you began a period of unauthorized absence which
lasted until 7 April 1971.
Your military record shows that on 23
April 1971 you submitted a written request for an undesirable
discharge in order to avoid trial by court-martial for this 239
day period of unauthorized absence.
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.
a result of this action, you were spared the stigma of a
The Board found that your request was granted and, as
court-
Your record also shows that
You were discharged on
martial conviction and the potential penalties of a punitive
discharge and confinement at hard labor.
2 June 1971.
Subsequently, your discharge was recharacterized to general under
the provisions of the Special Discharge Review Program
However, this action does not establish your eligibility for
veterans benefits based on the period of service ending 2 June
1971.
In order to be eligible for veterans benefits, the action
of the SDRP must be affirmed by the Naval Discharge Review Board
or this Board.
Form 214 was issued showing that the previous undesirable
discharge had been recharacterized based on the action taken by
the SDRP.
This information is necessary so that the Department
of Veterans Affairs (DVA) will be aware that you are not eligible
The action of
for DVA benefits based on that period of service.
the SDRP did not authorize the removal of any documentation from
your file.
In order to implement the SDRP action a new DD
(SDRP).
such as your prior honorable
You are also
The Board found that these factors and contentions
In its review of your application the Board carefully weighed all
potentially mitigating factors,
service, completion of an 18 month tour in Vietnam which included
the award of the Combat Action Ribbon,
and your contention that
you have been a good citizen for many years.
requesting that original DD Form 214 issued on 2 June 1971 and
the information on the SDRP 214 be corrected by removing all
entries showing that you originally received an undesirable
discharge.
were not sufficient to warrant further recharacterization of your
discharge or a confirmation of the SDRP action, given your record
of misconduct and especially your request for discharge to avoid
trial for a 239 day period of unauthorized absence.
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,
confinement at hard labor and a punitive discharge.
Board concluded that you received the benefit of your bargain
when your request for discharge was granted and you should not be
permitted to change it now.
discharge was proper as issued and no change is warranted.
you escaped the possibility of
The Board concluded that your
Further, the
The Board was aware that in every case where an individual's
discharge was recharacterized by the SDRP, the DD Form 214's were
prepared in the same way as yours.
Since you have been treated
no differently than others in your situation, the Board could not
find an error or injustice in the way your DD 214's were
prepared.
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
The names and
2
The Board noted that you originally enlisted for four years on 31
January 1966 and although you reenlisted on 18 April 1969, your
original four year obligation would have expired on 30 January
1970.
Your first period of unauthorized absence did not begin
until 2 February 1970.
Therefore, the Board believes that you
are eligible for veterans benefits based on your first period of
service.
If you have been denied benefits, you should appeal
that denial under procedures established by the Department of
Veterans Affairs.
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
3
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