DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TJR
Docket No:
15 August 2002
1430-02
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 13 August 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You then served in Vietnam,
where you earned the Combat
You enlisted in the Marine Corps on 5 September 1967 at the age
of 20.
Action Ribbon.
Your service was without disciplinary incident
until 22 February 1969 when you received nonjudicial punishment
(NJP) for absence from your appointed place of duty and
disobedience.
and restriction for two weeks.
The punishment imposed was a $40 forfeiture of pay
On 11 November 1969 you began a 136 day period of unauthorized
absence (UA) that was not terminated until you were apprehended
by civil authorities on 6 April 1970 for possession of marijuana.
On 14 May 1970 you submitted a written request for an undesirable
discharge in order to avoid trial by court-martial for the
foregoing period of UA.
conferred with a qualified military lawyer at which time you were
advised of your rights and warned of the probable adverse
Subsequently, your
consequences of accepting such a discharge.
request for discharge was granted and your commanding officer was
As a result of
directed to issue you an undesirable discharge.
this action, you were spared the stigma of a court-martial
Prior to submitting this request, you
On 18 June 1970 you were issued
It also considered your contention that your period of
conviction and the potential penalties of a punitive discharge
and confinement at hard labor.
an other than honorable discharge.
The Board, in its review of your entire record and application,
carefully considered all mitigating factors, such as your youth
and immaturity, service in Vietnam, and your post service
conduct.
UA occurred because on your return home from Vietnam, you were
beaten, robbed, kidnapped, and drugged.
Nevertheless, the Board
found the evidence and materials submitted were not sufficient to
warrant recharacterization of your discharge given your drug
related misconduct and your lengthy period of UA which resulted
in your request for discharge to avoid trial.
there is no evidence in the record,
to support your contention of maltreatment upon returning from
Vietnam.
extended to you when your request for discharge 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 barqain with the Marine Corps when your request
for discharge
change it now
The Board believed that considerable clemency was
was granted and you should not be permitted to
Accordingly, your application has been denied.
.
and you have submitted none,
Additionally,
The names and
upon request.
votes of the members of the panel will be furnished
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
2
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