DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 4688-08
26 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 20 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. The Board also considered the enclosed advisory
opinion from Headquarters Marine Corps dated 5 June 2008, a copy
of which is attached.
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 31 May
1967. You received nonjudicial punishment (NOP) on 14 November
1967 for a brief period of unauthorized absence. You arrived in
Vietnam on 8 May 1968. You received NUP on five occasions
between that date and 12 December 1969, when you departed
Vietnam. You received your seventh NJP on 31 March 1970
following your return from Vietnam. On 30 April 1970 you
received a general discharge by reason of expiration of term of
service.
The Board found that you received a general discharge because
your conduct mark average of 3.93 was below the 4.0 minimum
required for an honorable discharge. The Board carefully
considered your contention to the effect that your misconduct was
related to a combat-induced mental disorder, but found it
insufficient to warrant granting you a fully honorable discharge.
The Board substantially concurred with the comments in the
advisory opinion concerning your entitlement to military awards.
In view of the foregoing, 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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W. D
. EAN PF Fe
Executive D
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