DEPARTMENTOFTHE NAV
BOARD FOR CORRECTION OF NAVAL RECORD
2
NAVY
ANNEX
WASHINGTON DC 20370-510
0
Y
S
TJR
Docket No: 4468-01
26 February 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 20 February 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
and applicable statutes, regulations,
thereof, your naval record,
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.
The Board found you enlisted in the Marine Corps on 25 July 1969
Your record shows you served for seven months
at the age of 17.
However, during the period from
without disciplinary incident.
17 February until 1 October 1970, you received nonjudicial
punishment (NJP) on five occasions for a 31 day period of
unauthorized absence (UA),
absence from your appointed place of duty,
of failure to go to your appointed place of duty.
three specifications of disobedience,
and two specifications
During the 115 day period from 19 December 1970 to 13 April 1971
you were in a UA status.
restriction, you began a 256 day period of UA that was not
terminated until you were apprehended by civil authorities on 16
February 1972.
On 5 June 1971, after breaking
On 10 April 1972 you began another period of UA which was not
terminated until on or about 13 January 1975.
you submitted a written request for an undesirable discharge in
order to avoid trial by court-martial for the foregoing periods
of UA.
Prior to submitting this request for discharge, you
On 14 January 1975
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.
discharge was granted and on 14 January 1975 you were so
discharged.
alternate service pursuant to Presidential Proclamation 4313.
At that time you agreed to serve 15 months of
Your request for
On 19 November 1976 your enrollment in the Reconciliation Service
Program, in accordance with your agreement of 14 January 1975,
was terminated due to your failure to complete the required
period of alternate service.
part, that you had left an approved job without authorization,
and that you had been uncooperative with additional efforts to
place you on another approved job.
The termination letter noted, in
The Board also considered your
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity,
and your contention that you had
problems once you left Vietnam.
contention that you now suffer from Post Traumatic Stress
Disorder (PTSD).
However, the Board concluded that these factors
and contentions were not sufficient to warrant recharacterization
of your discharge given your repetitive misconduct, which
resulted in five
the Board noted your failure to complete the agreed upon 15
months of alternate service.
no evidence in your record,
your contention of PTSD.
proper as issued and no change is warranted.
application has been denied.
The Board concluded your discharge was
Accordingly, your
NJPs, and your lengthy periods of UA.
Also, the Board noted that there is
and you submitted none, to support
Further,
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,
presumption of regularity attaches to all official records.
it is important to keep in mind that a
2
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
NAVY | BCNR | CY2011 | 00137-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 September 2011. 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, . On 15 September 1972, you were again UA from your unit until you surrendered on 8 January 1975, a period of 845 days.
NAVY | BCNR | CY2002 | 02831-02
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. With a BCD I don't have a chance Subsequently, the BCD was approved at all levels of review, and on 18 June 1971 you were so discharged. Consequently, when applying for a correction of an official naval record, the...
NAVY | BCNR | CY2001 | 00828-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 June 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Documentary material considered by the Board consisted of Board. believed that considerable clemency was extended to you when your requests for discharge to avoid trial by court-martial was approved since, by this...
NAVY | BCNR | CY2002 | 04684-00
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 January 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Documentary material considered by the Board consisted of Board. sufficient to warrant recharacterization of your discharge given your lengthy period of UA and your failure to complete the alternate service required for a...
NAVY | BCNR | CY2010 | 01433-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 October 2010. 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. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of your repetitive...
NAVY | BCNR | CY2011 | 12499 11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 October 2012. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY1998 | 04695-98
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 August 1999. The record further reflects two periods of UA from 2-10 June and 22-23 June 1971, for which no disciplinary action is shown in the record. 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.
NAVY | BCNR | CY2007 | 03761-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 February 2008. 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. On 10 May 1971 an ADB recommended an undesirable discharge by reason of misconduct due to civil conviction.
NAVY | BCNR | CY2002 | 08125-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 May 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. On 12 April 1973 you received NJP for two periods of absence from your appointed place of duty, disobedience, and a five day period of UA. November 1976, you submitted a written request for an undesirable discharge in order...
NAVY | BCNR | CY2009 | 02243-09
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. After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the existence of probabie material error or injustice. Consequently, when applying for a correction of an official naval record, the burden is on the...