DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 6552-08
25 August 2008
This is in reference to your application for correction of your
late husband’s 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 29 May 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 husband’s 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 your husband enlisted in the Marine Corps on
27 July 1966. On 21 February 1967 he received nonjudicial
punishment for sleeping on post’and failing to wake up his relief
while in a combat zone. On 5 February 1970 he submitted a
written request for discharge for the good of the service in lieu
of trial by court-martial for making a false official statement
to a Navy investigator, selling two identification cards,
willfully destroying two identification cards, stealing 13
identification cards, and subscribing a false statement under
oath. Prior to submitting this request he conferred with a
qualified military lawyer who advised him of his rights and
warned of the probable adverse consequences of receiving an
undesirable discharge. On 23 February 1970 he received a second
nonjudicial punishment for an unauthorized absence of seven days.
His request for discharge was approved by the separation
authority, and he received an undesirable discharge on 3 March
1970.
On 20 May 1977 the Naval Discharge Review Board (NDRB)
recharacterized his discharge to general under the Special
Discharge Review Program (SDRP); however, on 19 May 1978 NDRB
declined to affirm the general discharge under its uniform
standards for discharge review, thereby denying him eligibility
for benefits administered by the Veterans Administration.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as the contentions that he
was mentally affected by the war and that there was only one
incident of misconduct after he left Vietnam. The Board found
those contentions insufficient to warrant corrective action in
his case. The Board was not persuaded that he suffered from any
ill effects of the war while in the Marine Corps, or that he
lacked mental responsibility for his actions.
The Board concluded that his service was properly characterized
with an undesirable discharge given the serious nature of his
offenses. In addition, the Board believes that considerable
clemency was extended to him when his request for discharge was
approved since, by that action, he avoided the possibility of a
Federal conviction, confinement at hard labor and a punitive
discharge. Further, the Board concluded that he received the
benefit of his bargain when his 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,
\Qeaspf pe
W. DEAN PFEIF
Executive Dir oO
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