DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 12325-10
18 August 2011
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 18 August 2011. Your allegations of error and
-anjustice 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.
After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
‘nsufficient to establish the existence of probable material
error or injustice.
at
The Board found that you enlisted in the Marine Corps on 23
February 1968. You received nonjudicial punishment on two
occasions and were convicted by a summary court-martial of two
periods of unauthorized absence, wrongfully disposing of
government property, being out of uniform, and sending contraband
“through the mail.
On 27 January 1971 you submitted a written request for discharge
for the good of the service in lieu. of trial by court-martial for
two periods of unauthorized absence totaling 106 days. Prior to
submitting this request you conferred with a qualified military
lawyer who advised you of your rights and warned of the probable
adverse consequences of receiving an undesirable discharge on 9
March 1971.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your personal problems
and Vietnam service. It found those factors insufficient to
warrant corrective action in your case given your extensive
disciplinary record and the serious nature of the misconduct for
which you requested separation. In addition, the Board believes
that considerable clemency was extended to you when your request
for discharge was approved since, by that action, you avoided the
possibility of a Federal conviction, confinement at hard labor
and a punitive discharge. Further, the Board concluded that you
received the benefit of your bargain when your request for
discharge was granted. Accordingly, your application has been
denied. 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, 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,
Ld Rea he
W. DEAN PFEIFRER
Executive Dirgeict
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