DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 8911-07
11 September 2008
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 10 September 2008. Your allegations of error and
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.
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 18 July
1967. You received three nonjudicial punishments and were
convicted by a summary court-martial. The offenses included
On 21 July 1970 you submitted a written request for discharge for
the good of the service in lieu of trial by court-martial for
unauthorized absences of 38 days and breaking restriction. 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. Your request was approved by the discharge authority,
and you received an undesirable discharge on 7 August 1970.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as the contentions that you
had symptoms of traumatic stress, which in turn caused your
misconduct, and that the discharge does not reflect the true
character of your service. The Board found those contentions
insufficient to warrant corrective action in your case.
The Board concluded that your service was properly characterized
with an undesirable discharge given your repeated commission of
serious offenses. 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, and you should not be permitted to change
it now. The Board was not persuaded that you suffered from
traumatic stress while in the Marine Corps, or that you lacked
mental responsibility for your actions. 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, -
W. DEAN
Executive
NAVY | BCNR | CY2008 | 04513-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 August 2008. Your request was approved by the discharge authority, and you received an undesirable discharge on 14 August 1970. 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.
NAVY | BCNR | CY2001 | 01821-00
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. 1971 you were so discharged. evidence and materials submitted were not sufficient to warrant recharacterization of your discharge given your lengthy period of UA and your request for discharge to avoid trial for the same.
NAVY | BCNR | CY2006 | 05363-06
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 insufficient to establish the existence of probable material error or injustice.The Board found that you enlisted in the Marine Corps on 4 November 1968 after three years of prior...
NAVY | BCNR | CY2014 | NR2931 14_Redacted
y 4 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 Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your application on it .
NAVY | BCNR | CY2007 | 09641-07
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 request was approved by the discharge authority, and you received an undesirable discharge on 21 August 1970. 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.
NAVY | BCNR | CY2002 | 03577-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 31 July 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. After review by the discharge authority, the recommendation for separation was approved and you received an undesirable discharge on 23 April 1970. Consequently, when applying for a correction of an official naval record,...
NAVY | BCNR | CY2001 | 02044-00
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 August 2000. 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. on 9 March 1969, you were On 15 December 1969 you received NJP for a two pay period punishment imposed was restriction for seven days and You were sentenced...
NAVY | BCNR | CY2002 | 07518-00
he had been granted an honorable discharge by the Department of the Navy, but that this decision was reversed by the Marine Corps. b. Mr. documentation that the patient manifested symptoms of PTSD immediately following his return from Vietnam, and that these symptoms led to the patient's undesirable discharge in 1970. result of the patient's Vietnam combat experiences.
NAVY | BCNR | CY2014 | NR2931 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 38 October 2014. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record, and applicable statuces, regulations, and policies. With regard :to your contention of suffering from PTSD, there is no evidence in the record to Support it, and you submitted no such evidence.
NAVY | BCNR | CY2001 | 06830-00
Your allegations of error and .of the Board for Correction of Naval execctive session, considered your A three-member panel Records, sitting in application on 5 June injustice were reviewed in accordance with administrative procedures applicable to the proceedings of this regulations and Board. w13re notified of separation processing due ci*ril authorities of tampering with an On 20 October 1969 you to your conviction by automobile and the you were convicted by and were sentenced...