DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS
Y
2
NAVY ANNEX
WASHINGTON DC 203704100
ELP
Docket No. 7383-99
23 June 2000
Dear
B
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 21 June 2000.
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.
The records provided for the Board were incomplete.
available records reflect you enlisted in the Marine Corps on
15 March 1965 for four years at age 18.
You served without
incident until 4 April 1968 when you were reported in an
unauthorized absence (UA) status.
However,
The record reflects that on 25 April 1968, while you were UA,
your mother sent a telegram to her congressman to the effect that
you had returned from Vietnam in June 1967 after serving for 14
months, and that the Marine Corps was trying to send you back.
She stated that you were willing to serve any place but Vietnam.
She noted you were home waiting a reply.
On 4 May 1968, Headquarters,
overseas assignment policy provided that no individual who had
served an unaccompanied overseas tour in the Western Pacific
area/Vietnam since March 1965 would be reassigned to a subsequent
tour in that area unless: (1) the individual had completed 24
months in the in the United States or in an accompanied overseas
(HQMC) responded that
Marine Corps
billet, (2) the individual was a volunteer for another
unaccompanied overseas tour in the Far East, or (3) a subsequent
overseas assignment was specifically approved by the Commandant
of the Marine Corps to meet a valid military requirement for an
HQMC further
individual's service in the Western Pacific area.
stated that you had voluntarily waived your overseas control date
Therefore, orders were issued
on 26 March 1968 at Camp Lejeune.
directing you to report to Camp Pendleton by 14 April 1968 for
processing and further assignment to duty in the Western Pacific
area.
You were
from 4 April 1968 to 16 December
You were sentenced to confinement at hard labor for five
The record reflects that you remained UA until you were
apprehended by civil authorities on 16 December 1969.
convicted on 20 January 1970 by special court-martial of the
foregoing 613-day period of UA,
1969.
months, forfeitures of $109 per month for five months, reduction
While in
in rank to PVT (E-l), and a bad conduct discharge.
confinement, you told officials at the disciplinary command you
went UA while on leave because the Marine Corps was sending you
back to Vietnam with only ten months remaining on your
enlistment.
involved in race riots, and that after seeing how you and your
people were being treated, you felt you could no longer fight for
your country.
Accordingly, you started attending college instead
of returning to duty.
request restoration to duty and requested that the adjudged
discharge be executed.
affirmed the findings and the sentence on 28 May 1970.
received the bad conduct discharge on 3 February 1971.
You also said that during your leave you got
In April 1970, you waived your right to
The Navy Court of Military Review
You
On 6 September 1977, HQMC issued you a clemency discharge
certificate and a DD Form 215 in recognition of satisfactory
completion of alternate service pursuant to Presidential
Proclamation No. 4314.
Although the clemency discharge is less
stigmatizing, it does not entitle an individual to any benefits
denied by the original discharge, but does restore an
individual's civil rights denied by a court-martial conviction
and the bad conduct discharge.
In its review of your application the Board carefully weighed all
potentially mitigating factors such as your youth and immaturity,
Vietnam Service, clemency discharge, and the fact that it has
The Board
been more that 29 years since you were discharged.
noted your contention that the discharge was inequitable due to
the circumstances that happened to you while on leave from
Vietnam.
insufficient to warrant recharacterization of your discharge
given your special court-martial conviction of more than 20
months of UA.
months of UA were terminated only by your apprehension.
The Board concluded that the foregoing factors were
The Board noted the aggravating factor that the 20
Your
2
The Board was well aware of the emotional
contention that you were on leave from Vietnam when you went UA
appears to be without merit since your mother stated that you had
returned in June 1967.
impact of the 1968 riots, but neither the racial turmoil nor the
orders returning you to the Western Pacific justified your
prolonged period of UA.
choice not to return to duty,
the consequences of this action.
probative evidence nor a persuasive argument in support of your
application.
much UA to warrant recharacterization to honorable or under
honorable conditions.
denied. The names and votes of the members of the panel will be
furnished upon request.
The Board concluded that you were guilty of too
Accordingly, your application has been
The record is clear that you made a
and you certainly should have known
You have provided neither
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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