DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 4337-08
26 January 2009
pear ii
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 23 January 2009. 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
On 9 September 1969, you enlisted in the Marine Corps at age
18. On 15 September 1970, you had nonjudicial punishment (NUP)
for failure to obey a lawful order. On 1 December 1970, you
requested a humanitarian transfer. On 11 December 1970, you
received a psychiatric evaluation that diagnosed you as having
a depressive reaction and found you fit for duty with no mental
impairment. On 4 January 1971, Headquarters Marine Corps
(HOMC) denied your request for a humanitarian transfer because
you did not meet the criteria established by regulations. On
27 July 1971, you had NUP for two instances of disrespect and
disobedience of a lawful order. On 12 August 1971, you
requested another humanitarian transfer. On 27 September 1971,
you had NUP for willful disobedience of a lawful order and
disrespect. On 27 September 1971, you also wrote a letter to a
congressman, in which you stated that your request for a
humanitarian transfer, hardship discharge, and general
discharge were disapproved, and that you needed his assistance
to be discharged or transferred. On 8 November 1971, your
commanding officer notified HQMC that you were counseled
regarding hardship discharges and since your hardship was of a
continuing nature, he recommended reconsideration of your
request. On 18 November 1971, HQMC found that you did not meet
the requirements for a hardship discharge, but approved a
convenience of the government discharge due to your
demonstrated hardship. On 1 December 1971, you were separated
with a general discharge by reason of convenience of the
government.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your youth.
The Board also considered your contention that you were told
that you were receiving an honorable discharge. Nevertheless,
the Board found that these factors were not sufficient to
warrant recharacterization of your service due to your overall
military record. In this regard, characterization of service
for members who are discharged by reason of convenience of the
government is determined by their conduct and actions. Given
your three NJP's, the Board found that your service warranted a
general characterization of service. Regarding your
contention, there is no evidence to support it. Therefore, 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.
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,
‘eed
W. DEAN PREIWFEF
Executive Dirac
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