DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Decket No: 2688-09
8 December 2009
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 2 December 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Marine Corps on 23 February 1966, and served
without disciplinary incident until 18 August 1966, when you
received nonjudicial punishment (NJP) for an unauthorized absence
(UA) in excess of 18 days. Shortly thereafter, you received the
following disciplinary actions: on 28 June*1968, you were
convicted at a special court-martial-for two specifications of
UA, totaling seven and one-half months; and on 2 August 1968, you
were convicted at a summary court-martial for UA in excess of 16
days. Additionally, on 7 August 1968, you were apprehended by
civil authorities and on 30 October 1968, you were convicted for
battery. You were pending a court-martial for further
Misconduct; however, on 24 January 1969, you requested to be
separated for the good of the service (GOS) with an undesirable
discharge (UD). At that time, you consulted with counsel and
acknowledged the consequences of receiving such a discharge. The
separation authority approved your request and on 14 February
1969, you were separated for the GOS with a UD and an RE-4
reenlistment code. As a result of this action, you were spared
the stigma of a court-martial conviction and the penalties of a
punitive discharge and confinement at hard labor.
The Board, in its review of your entire record, carefully
considered all potential mitigation, such as your youth and your
Vietnam service. Nevertheless, the Board concluded that these
factors were not sufficient to warrant a recharacterization of
your discharge due to the seriousness of your repetitive
misconduct. Furthermore, the Board believed that considerable
clemency was extended to you when your request for discharge to
avoid trial by court-martial was approved. It was also clear to
the Board 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. In view of the above,
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,
W. DEAN DFEKF
D&re
Executive
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