DEPARTMENT OF THE NAVY
FOR CORRECTION OF NAVAL RECORDS
BOAR,,
‘\,
2 NAVY ANNEX
WASHINGTON
DC
20370-5100
WMP
Docket No:
26 November 2002
6568-02
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 20 November 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
of your application,
support thereof, your naval record and applicable statutes,
regulations and policies.
Documentary material considered by the Board consisted
together with all material submitted in
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 Board found that you enlisted in the Marine Corps on 27
November 1967 for four years at age 20.
You served without
incident until 29 October 1968,
when you were convicted by a
special court martial of unauthorized absence from 21 April to
23 August 1968, a period of 124 days.
You were sentenced to
confinement at hard labor for six months and forfeitures of $73
per month for six months.
On 11 December 1968, the convening
authority approved the adjudged sentence but suspended the
forfeitures.
confinement was suspended.
On 8 January 1969, the unserved portion of the
Your record further reflects that you served in Vietnam from 13
February to 21 May 1969 and participated in operations in Quang
Tri Province.
Your records further show that you were wounded
in action on 26 February 1969.
During this period of service
you were awarded the Vietnam Service Medal, Vietnamese
Medal, Combat Action Ribbon, and the Purple Heart.
Campaign
On 31 January 1970 you were convicted by a special court martial
of unauthorized absence from 5 June to 5 October 1969, a period
of 122 days.
for three months,
and reduction to private.
authority approved the adjudged sentence but suspended the
confinement at hard labor for a period of six months.
You were sentenced to confinement at hard labor
forfeitures of $50 per month for three months,
On 31 January 1970, the convening
Your record further reflects you were an unauthorized absentee
from 5 March 1970 to 2 September 1970, a period of 181 days. On
21 October 1970 you submitted a request for an undesirable
discharge for the good of the service in lieu of trial by court-
martial for this period of unauthorized absence totaling 181
days.
Prior to submitting this request you conferred with a
qualified military lawyer and were advised of your rights and
warned of the probable adverse consequences of accepting such a
discharge.
On 18 November 1970 your request for discharge was
approved by the discharge authority.
action, you were spared the stigma of a court-martial conviction
and the potential penalties of a punitive discharge and
confinement at hard labor.
discharge on 25 November 1970.
You received the undesirable
As a result of such
and your current medical condition.
In its review of your application the Board carefully weighed
all potentially mitigating factors such as your youth and
immaturity, combat service,
However, the Board found that notwithstanding your Vietnam
service, your unauthorized absence of 181 days and your prior
disciplinary record clearly warranted an undesirable discharge.
The Board also 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, you escaped the
possibility of confinement at hard labor and a punitive
discharge.
Further, the Board concluded that you received the
benefit of your bargain with the Marine Corps when your request
for discharge was granted and you should not be permitted to
change it now.
The names and votes of the members of the panel will be
furnished upon request.
Accordingly, your application has been denied.
You are entitled to have
In this regard,
It is regretted that the circumstances of your case are such
that favorable action cannot be taken.
the Board reconsider its decision upon submission of new and
material evidence or other matter not previously considered by
the Board.
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.
it is important to keep in mind that
Sincerely,
W. DEAN PFEIFFER
Executive Director
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