DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 349-09
26 October 2009
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 15 October 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 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 8 July
1971. You received two nonjudicial punishments and were
convicted by a summary court-martial for offenses that included
three periods of unauthorized absence and dereliction of duty.
On 3 April 1974 you submitted a written request for discharge for
the good of the service in lieu of. trial by court-martial for
five periods of unauthorized absence totaling 347 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 a discharge under other than
honorable conditions. Your request was approved by the discharge
authority, and you received a discharge under other than
. honorable conditions on 15 May 1974,
In its review of your application the Board carefully weighed all
_ potentially mitigating factors such as your youth and good post
_ service conduct. The Board concluded that your service was
properly characterized as under other than honorable conditions.
In addition, the Board believes that considerable clemency was
extended to you when your request for discharge was approved
since, by this 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.
Concerning your request to show foreign duty on your DD Form 214,
the Vietnam Service Medal does not automatically qualify you for
such a correction. Your record does not show that you were
actually in Vietnam.
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 ae
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,
wW. DI
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