DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 Cre
Docket No: 4470-09
17 November 2009
This igs 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 30 September 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 24
January 1967. You were convicted by two special courts-martial
of wrongful appropriation and stealing. On 3 November 1969 you
were given diagnoses of an inadequate personality disorder and
kleptomania.
On 8 November 1969 you submitted a written request for discharge
for the good of the service in lieu of trial by court-martial for
wrongful appropriation of a wallet. 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 recéiving an undesirable discharge. Your request
was approved by the discharge authority, and you received an
undesirable discharge on 22 January 1970.
1
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your unsubstantiated
contention that you had symptoms of posttraumatic stress disorder
(PTSD), which contributed to your misconduct. The Board found
those contentions insufficient to warrant corrective action in
your case, given the serious nature of your offense.
In addition, the Board believes that considerable clemency was
extended to you when your request for discharge was approved
since, by that 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.
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,
.
- DE
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