DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OFNAVALRECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
FC
Docket No: 07600-02
24 January 2003
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title
United States Code section 1552.
10 of the
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application 23 January 2003.
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 7 May
1968 at age 17.
On 16 July 1973, you were convicted by special
court-martial of unauthorized absence from 4 December 1970
through 8 January 1971, a period of thirty-five days; and
breaking restriction.
for two months, reduction to
$50.00 pay per month for two months.
You were awarded confinement at hard labor
paygrade E-2, and forfeitures of
On 23 March 1971, you commenced a second period of authorized
absence that did not terminate until you were apprehended by
civilian authorities and returned to military authorities on 6
May 1971.
submitted a written request for an undesirable discharge in
order to avoid trial by court-martial for this 44-day period of
absence.
Prior to submitting your request, you conferred with a
Your record reflects that on 26 May 1971 you
qualified military lawyer at which time you were advised of your
rights and warned of the probable adverse consequences of
accepting such a discharge.
commanding officer was directed to issue you an undesirable
discharge by reason of the good of the service.
this action, you were spared the potential penalties of a
punitive discharge and confinement at hard labor.
1971, you were issued an undesirable discharge.
Your request was granted and your
As a result of
On 10 June
However, the Board found that
The Board carefully weighed all
In its review of your case,
potentially mitigating factors, such as your youth and
immaturity, Vietnam service, and the length of time that has
passed since you were discharged.
these factors and contentions were not sufficient to warrant
recharacterization given your request to for discharge to avoid
trial by court-martial for an unauthorized absence of more than
a month. The Board believed that considerable clemency was
granted 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.
benefit of your bargain when your request for discharge was
granted and should not be permitted to change it now.
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon
request.
Further, the Board concluded that you received the
The names and
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.
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.
You are entitled to have
In this regard,
Sincerely,
W. DEAN PFEIFFER
Executive Director
NAVY | BCNR | CY2002 | 03087-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 August 2002. 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. the Board found that these factors were not sufficient to warrant recharacterization of your discharge given your record of misconduct and especially your request...
NAVY | BCNR | CY2001 | 04903-01
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 were sentenced to confinement at hard labor On 30 January 1970 you were convicted by SPCM of a 99 day period of UA and were sentenced to confinement at hard labor for a month, restriction for a month, and an $80 forfeiture of pay. submitted a written request for an...
NAVY | BCNR | CY2002 | 04275-02
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. 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...
NAVY | BCNR | CY2003 | 06277-03
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 September 2003. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Documentary material considered by the Board consisted Your allegations of error and After careful and conscientious consideration of the entire record, the Board found that the evidence submitted was insufficient to...
NAVY | BCNR | CY2001 | 05999-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your Your allegations of error and application on 28 November 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. these factors were not sufficient to warrant recharacterization of your discharge to avoid trial for an unauthorized absence of nearly 40 months and your prior unauthorized absences of...
NAVY | BCNR | CY2001 | 03456-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 December 2001. factors were not sufficient to warrant recharacterization of your discharge given your request for discharge to avoid trial for an unauthorized absence of nearly four months and two prior unauthorized absences. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
NAVY | BCNR | CY2001 | 06670-01
Your military record shows that on 23 April 1971 you submitted a written request for an undesirable discharge in order to avoid trial by court-martial for this 239 day period of unauthorized absence. requesting that original DD Form 214 issued on 2 June 1971 and the information on the SDRP 214 be corrected by removing all entries showing that you originally received an undesirable discharge. were not sufficient to warrant further recharacterization of your discharge or a confirmation of...
NAVY | BCNR | CY2002 | 06320-01
request for discharge was granted and your commanding officer was directed to issue you an undesirable discharge. Prior to submitting this request for discharge, you On 10 March 1972 The Board, in its review of your entire record and application, carefully considered all mitigating factors, such as your youth and immaturity, service in Vietnam, and your contention that because of your personality disorder you could not adjust to duty in the United States after your tour of Vietnam. ...
NAVY | BCNR | CY2001 | 00611-99
Your military record shows that on 30 July 1971 you submitted a written request for an undesirable discharge in order to avoid trial by court-martial for two periods of unauthorized absence Your record also shows that prior to totalling 44 days. On 20 September 1977 the Naval Discharge Review Board (NDRB) changed the characterization of the discharge to general under the provisions of the Special Discharge Review Program (SDRP). Consequently, when applying for a correction of an official...
NAVY | BCNR | CY2002 | 05897-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 October 2002. 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 request for discharge to avoid trial for an unauthorized absence of about ten months. Your...