DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 9641-07
24 September 2008
This ig 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 17 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 2
October 1967. You received four nonjudicial punishments and were
convicted by two summary courts-martial while serving in Vietnam.
Your offenses included unauthorized absences, willful
disobedience of a lawful order, sleeping on post, operating a
vehicle in a reckless manner, violating curfew, disrespect,
communicating a threat against an officer, being in an off-limits
area, and making false statements.
On 30 July 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 of 270 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. Your request
was approved by the discharge authority, and you received an
undesirable discharge on 21 August 1970.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your service in Vietnam,
your need for medical care for conditions you believe are related
to that service, and your unsubstantiated contentions that you
had symptoms of posttraumatic stress disorder (PTSD), which
contributed to your misconduct. The Board found those
contentions insufficient to warrant corrective action in your
case, given your extensive disciplinary record. 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.
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,
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