DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 TOR
Docket No: 6337-08
7 May 2009
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 5 May 2009. The names and votes of the members
of the panel will be Furnished upon request. 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.
injustice.
You enlisted in the Marine Corps on 13 September 1968 at age 17
and served for six months without disciplinary incident.
However, on 5 March and again on 2 April 1969 you received
nonjudicial punishment (NJP) for two periods of unauthorized
absence (UA) totalling 23 days and breaking restriction.
On 11 March 1970 you submitted a written request for an
undesirable discharge in order to avoid trial by court-martial
for a 129 day period of UA. Prior to submitting this request,
you conferred with a qualified military lawyer at which time you
were advised of your rights and warned of the probable adverse
consequences of accepting such a discharge. On 13 April 1970
your request was granted and your commanding officer was directed
Co issue you an other than honorable discharge by reason of the
good of the service. As a result of this action, you were spared
the stigma of a court-martial conviction and the potential
penalties of a punitive discharge and confinement at hard labor.
On 23 April 1970 you were issued an other than honorable
discharge.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, limited education, deprived background, desire to
upgrade your discharge, and letter of explanation. It also
considered your assertions of mental health problems, not
receiving or being offered mental health care, alcohol and
physical abuse, and not trusting your superior officers.
Nevertheless, the Board found the evidence and materials
submitted were not sufficient to warrant recharacterization of
your discharge because of the seriousness of your lengthy periods
of UA which resulted in two NUPs and your request for discharge
to avoid trial by court-martial. Further, the Board believed
that considerable clemency was extended to you when your request
for discharge to avoid trial by court-martial was approved.
Finally, the Board concluded that you received the benefit of
your bargain with the Marine Corps when your request for
discharge was granted and you should not be permitted to change
it now. Accordingly, your application has been denied.
The Board noted that you should contact Headquarters, United
States Marine Corps, Deputy Chief of Staff for Manpower and
Reserve Affairs (M&RA) Department, Separation Section (MMSR-3),
3280 Russell Road, Quantico, VA 22134-5103 to request that your
name be administratively corrected on your DD Form 214.
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,
Wee Rad
W. DEAN PF
Executive D& or
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