DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 9506-07
15 August 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 6 August 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 15
August 1967. On 5 April 1968 you arrived in Vietnam. While in
Vietnam, you were convicted by two special courts-martial. The
offenses included unauthorized absences totaling 285 days, being
in off-limits areas, escaping from lawful custody, and breaking
restriction.
On 23 May 1970 you submitted a written request for discharge for
the good of the service in lieu of trial by court-martial for an
unauthorized absence and possession of three ration cards. 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 25 June 1970.
In its review of your application the Board carefully considered
your 19 contentions, to include the contention that racism
impaired your ability to serve. Nevertheless, the Board
concluded that your service was properly characterized by an
undesirable discharge, given your extensive record of misconduct
and the serious nature of the offenses you committed in a combat
zone. The Board believes considerable clemency was extended to
you when your request for discharge was granted, and you should
not be permitted to change it now. The Board was not persuaded
that you were the victim of racial discrimination. 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,
WD Sn Af
W. DEAN PF
Executive chor
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 | 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 | CY2008 | 06552-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 May 2008. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your husband’s naval record and applicable statutes, regulations and policies. His request for discharge was approved by the separation authority, and he received an undesirable discharge on 3 March 1970.
NAVY | BCNR | CY2007 | 06661-07
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.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 25 May 1969 at age 18. On 14 March 1971 you escaped from...
NAVY | BCNR | CY2007 | 08911-07
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 7 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 | 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 | 01759-03
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 August 2003. 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. discharge board recommended that you be with an undesirable discharge. You During the period 15 June 1970 oeriods of unauthorized absence totaling the movement of...
NAVY | BCNR | CY2007 | 06363-07
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.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 15 November 1968. Your request was...
NAVY | BCNR | CY2001 | 00279-99
Subsequently, you served in Vietnam from 13 March During this period, on 16 May 1968, you During the next 11 months you received Your offenses were The court sentenced you to reduction to pay grade E-l, On 29 September 1969 you were convicted by a special martial of two periods of unauthorized absence totaling about 124 days. found that these factors and contentions were not sufficient to warrant recharacterization of your discharge given your multiple The Board noted and lengthy periods of...
NAVY | BCNR | CY2003 | 01274-03
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 August 2003. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...