DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 786-09
4 May 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 29 April 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 7 July
1967. You received two nonjudicial punishments and were
convicted by a general court-martial and a special court-martial
for offenses which included four periods of unauthorized absence,
desertion in Vietnam to avoid hazardous duty, and disrespect to
a superior noncommissioned officer.
On 26 March 1970 you submitted a written request for discharge
for the good of the service in lieu of trial by court-martial for
a period of unauthorized absence, absence from appointed place of
duty, and disobedience of a lawful order. 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 an undesirable discharge authority.
Your request was approved, and you received an undesirable
discharge on 19 June 1970.
On 26 January 1976 you were issued a clemency discharge, which
restored your civil rights but did not entitle you to veteran’s
benefits.
The Board carefully evaluated! 111 potentially mitigating factors
im your case, such as your youth and overall service. The Board
concluded that your service was properly characterized as
undesirable, given the number and seriousness of your offenses.
It found that considerable clemency was extended to you when your
request for discharge was approved, as you avoided the
possibility of another conviction by court-martial, being
confined at hard labor, and receiving a punitive discharge. You
received the benefit of your bargain and 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,
\ns
W. DEAN PFI
Executive Dir
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