DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
-TIR
Docket No: 5498-09
13 August 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 11 August 2009. The names and votes of the
members of the panel will be furnished upon request. 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.
Your record reflects that you served honorably in the Army and
the Army Reserve from 10 November 1964 to 9 November 1970.
You enlisted in the Marine Corps on 5 May 1972 and served without
Gisciplinary infraction until 19 August 1972, when you began a 58
Gay period of unauthorized absence (UA) that was not terminated
until 16 October 1972. The record does not reflect the
disciplinary action taken, if any, for this period of UA.
During the period from 17 October 1972 to 12 July 1973 you were
in a UA status on three more occasions. As a result, on 21
August 1973, you submitted a written request for an other than
honorable discharge in order to avoid trial by court-martial for
the foregoing periods of UA totalling 184 days. Prior to
submitting this request, you conferred with a qualified military
lawyer at which time you were advised of your rights and warned
of the probable adverse consequences of accepting such a
discharge. On 27 August 1973 your request was granted and your
commanding officer was directed to issue you an other than
honorable discharge by reason of the good of the service. As a
result of this action, you were spared the stigma of a court-
martial conviction and the potential penalties of a punitive
discharge and confinement at hard labor. On 31 August 1973 you
were issued an other than honorable discharge.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your prior honorable service in the Army, desire to upgrade your
discharge, explanation regarding the circumstances of your
discharge, and the passage of time. It also considered your
desire to obtain veterans’ benefits. It further considered your
assertion of post traumatic stress disorder (PTSD) and alcohol
abuse as the cause of your misconduct. Nevertheless, the Board
found the evidence and materials submitted were not sufficient to
warrant recharacterization of your discharge because of the
seriousness of your repetitive and lengthy periods of UA and your
request for discharge to avoid trial by court-martial because of
your UA. Further, the Board believed that considerable clemency
was extended to you when your request for discharge to avoid
trial by court-martial was approved. The Board also concluded
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. Further, there is no evidence
in the record, and you submitted none, to support your assertion
of PTSD. Finally, even though there is evidence of alcohol abuse
in your record, such abuse is not excusable for misconduct and
you were responsible for your actions. Accordingly, your
application has been denied.
You may be eligible for veterans’ benefits which accrued during
your service with the Army. . Whether or not you are eligible for
benefits is a matter under the cognizance of the Department of
Veterans Affairs (DVA). If you were denied DVA benefits based
solely on your Marine Corps service, you should file an appeal
requesting benefits based on your honorable service in the Army.
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,
LoWensy),
W. DEAN PFEITRFE
Executive Dikdct
NAVY | BCNR | CY2008 | 05238-08
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. Consequently, when applying for a correction of an official naval record, the burden is on the...
NAVY | BCNR | CY2014 | NR2340 14_Redacted
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 March 2015. 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. As a result, on 2 February 1973, you submitted a written request for an other than honorable discharge in order to avoid trial by court-martial for...
NAVY | BCNR | CY2014 | NR2340 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 March 2015. 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. As a result, on 2 February 1973, you submitted a written request for an other than honorable discharge in order to avoid trial by court-martial for...
NAVY | BCNR | CY2008 | 02477-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 February 2009. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2009 | 04246-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 March 2010. 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. Your request for discharge was granted and you received an other than honorable discharge for the good of the service in lieu of trial by...
NAVY | BCNR | CY2007 | 09060-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 November 2008. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material...
NAVY | BCNR | CY2009 | 10640-09
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. On 10 February 1975 you submitted a written request for an undesirable discharge in order to avoid trial by court-martial for the foregoing periods of UA totalling 452 days. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to...
NAVY | BCNR | CY2015 | NR1536 15_Redacted
tatute of limitations and consider your application on its A three-member panel of the Board for Correction of Naval Records, Sitting in executive session, considered your application on 8 May 2015. Subsequently, you submitted a written request for a honorable discharge in order to avoid trial by court-martial for four periods of UA totalling 239 days. On 21 February 1975, your request was granted and the commandina officer was directed to issue you an other than honorable | discharge by...
NAVY | BCNR | CY2013 | NR7897 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 August 2014. . As a result of these periods of UA totalling 182 days, on 2 May 1974, you submitted a written request for an other than honorable discharge in order to avoid trial by court-martial. 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...
NAVY | BCNR | CY2007 | 08741-07
A three-member panel of the Board for Correction of Naval Records, gitting in executive session, considered your application on 5 November 2008. 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. As a result, on 28 February 1975, you submitted a written request for an other than honorable discharge in order to avoid trial by court-martial...