DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TRG
Docket No: 4275-02
17 October 2002
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10 of the 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 16 October 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 Marine Corps on 21 March 1967 at age 17. On
27 February 1968 you were convicted by a special court-martial of
three periods of unauthorized absence totaling about 79 days and
breaking restriction.
substantially mitigated and you were restored to duty from
confinement on 8 April 1968.
August 1968 until 26 March 1970 and were awarded the Combat
Action Ribbon.
You then served in Vietnam from 17
The court-martial sentence was
A second special court-martial convened on 23 October 1970 and
convicted you of two periods of unauthorized absence totaling
about 54 days.
rate, forfeitures of pay and confinement at hard labor.
restored to duty from confinement on 23 December 1970.
The sentence of the court included reduction in
You were
Subsequently, you were an unauthorized absentee from 25 January
Your
to 19 February 1971 and from 15 March to 8 April 1971.
..
Your record also shows that prior to submitting this
military record shows that you submitted a written request for an
undesirable discharge in order to avoid trial by court-martial
for these two periods of unauthorized absence totaling about 51
days.
request you conferred with a qualified military lawyer at which
time you were advised of your rights and warned of the probable
The Board
adverse consequences of accepting such a discharge.
found that your request was granted on 21 May 1971 and, as a
result of this action, you were spared the stigma of a
martial conviction and the potential penalties of a punitive
discharge and confinement at hard labor.
2 June 1971.
discharge.
On 17 August 1976 you were issued a clemency
You were discharged on
court-
The Board also considered your contention that you have
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, service in
Vietnam.
been a good citizen for many years and that you were awarded an
honorable discharge in the 1970's.
The Board found that these
factors were not sufficient to warrant recharacterization of your
discharge given your record of unauthorized absences and
especially your request for discharge to avoid trial for the
offenses.
discharge in the
contend.
The Board noted that you were issued a clemency
1970's and not an honorable discharge as you
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,
Further,
of confinement at hard labor and a punitive discharge.
the 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.
The Board concluded that your
you escaped the possibility
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
The names and
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
2
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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