DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 TRG
Docket No: 7898-06
22 January 2008
Dear”
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 15 January 2008. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Documentary material considered by the Board consisted of
together with all material submitted in support
regulations
Board.
your application,
thereof, your naval record and applicable statutes,
and policies.
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.
You enlisted in the Marine Corps on 29 April 1969 for three years
and served in an excellent manner until you were honorably
discharged on 18 June 1971 for the purpose of reenlisting.
During your active duty, you served in Vietnam and were wounded
in action.
You reenlisted in the Marine Corps for six years on 18 June 1971
(probably should be 19 June). On 4 May 1972 you were promoted to
staff sergeant. During the period from 29 August 1973 to 3
January 1977, you received nonjudicial punishment on six
occasions. Your offenses were using profane language toward
recruits, dereliction of duty, wrongfully wearing unauthorized
awards and decorations, wearing improper liberty attire and three
periods of unauthorized absence totaling about three days.
The record shows that you were then an unauthorized absentee from
16 March to 24 August 1977, a period of about 158 days. There is
no court-martial documentation or other correspondence
concerning processing for an administrative discharge filed in
your service record. However, on 20 October 1977 you were
discharged under other than honorable conditions. The DD Form
214 indicates that you only had 96 days of lost time.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your prior honorable
service and your contentions that you were an excellent Marine
until you were overcome by your personal problems and alcohol
abuse. You contend that you have overcome your problems and have
been a good citizen and gainfully employed for many years. The
Board found that these factors and contentions were not
sufficient to warrant recharacterization of your discharge given
your extensive disciplinary record and especially your last
lengthy period of unauthorized absence. The Board concluded that
the discharge was proper as issued and no change is warranted.
Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon request.
The Board believes that you may be eligible for veterans benefits
based on your prior honorable service and several years of good
service in your second enlistment. If you have been denied
benefits, you should appeal that denial under procedures
established by the Department of Veterans Affairs.
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, ~~
\Dwoa|
W. DEAN PFE
Executive D Cc
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