DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
CRS
Docket No: 6718-02
5 December 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 3 December 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.
The Board found that you enlisted in the Marine Corps on 17 May
1967.
The record reflects that you were convicted by a summary
court-martial and a special court-martial.
unauthorized absences totalling 111 days.
The offenses included
On 26 February 1970 you submitted a written request for an
undesirable discharge in order to avoid trial by court-martial
Prior to submitting this
for assault consummated by battery.
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.
was granted and, as a result of this action, you were spared the
stigma of a court-martial conviction and the potential penalties
of a punitive discharge and confinement at hard labor.
received an undesirable discharge on 23 March 1970.
You
Your request
In its review of your application the Board carefully weighed all
potentially mitigating factors,
and your combat record in Vietnam,
such as your youth and immaturity
including the award of the
However, the Board found that these factors were
Purple Heart.
not sufficient to warrant recharacterization of your discharge
given the seriousness of the offense that resulted in your
request for discharge, and unauthorized absences totalling more
than three months.
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, you
escaped the possibility of confinement at hard labor and a
punitive discharge.
received the benefit of your bargain when your request for
discharge was granted and should not be permitted to change it
now.
discharge is warranted.
denied.
furnished upon request.
Accordingly, your application has been
The names and votes of the members of the panel will be
Further, the Board concluded that you
Therefore, the Board concluded that no change to the
It is regretted that the circumstances of your case are such that
You are entitled to have the
favorable action cannot be taken.
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
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