DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
ANNEX
NAVY
2
WASHINGTON DC 20370-510
0
S
TJR
Docket No: 3512-02
6 November 2002
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 5 November 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
your application,
thereof, your naval record,
and policies.
Documentary material considered by the Board consisted of
together with all material submitted in support
and applicable statutes, regulations,
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 serve for two years and three months without
You enlisted in the Marine Corps on 3 January 1966 at the age of
18.
disciplinary incident but on 5 March 1968 you began a 27 day
period of unauthorized absence (UA) that was not terminated until
1 April 1968.
On 4 April 1968 you began another period of UA that was not
terminated until January 1975.
Subsequently, you submitted a
written for an undesirable discharge in order to avoid trial by
court-martial for the foregoing period of UA totalling six years,
10 months, and 24 days.
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.
alternate service program in accordance with Presidential
Proclamation 4313.
cormnanding officer was directed to issue you an undesirable
discharge by reason of the good of the service.
this action, you were spared the stigma of a court-martial
At this same time you requested participation in the
Your requests were granted and your
Your record shows that prior to
As a result of
conviction and the potential penalties of a punitive discharge
and confinement at hard labor.
issued an undesirable discharge.
On 29 January 1975 you were
At that time you were issued a
On 19 May 1976, upon completion of your alternate service and in
accordance with a recommendation of the Presidential Clemency
Board, your BCD was changed to a clemency discharge pursuant to
Presidential Proclamation 4313.
clemency discharge certificate.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity, time served in Vietnam, and your
contentions of mental disorders and physical problems.
Nevertheless, these factors and contentions were not sufficient
to warrant recharacterization of your discharge because of the
seriousness of your very lengthy period of UA and your request
for discharge to avoid trial for this offense.
Further, the
Board noted that the undesirable discharge was changed to a
clemency discharge, but concluded that a further change was not
warranted. Accordingly, your application has been denied.
The names and votes of the members of the panel will be furnished
upon request.
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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