DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
ey
a
Nicaea
CRS
Docket No: 6325-09
6 July 2010
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 9 June 2010. 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 ail 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 April
1969, You received nonjudicial punishment on four occasions and
_were convicted by two summary courts-martial and a special court-
martial. The offenses included failure to go to appointed place
of duty, failure to obey a lawful order, leaving an ambush
position, wrongfully and willfully discharging a weapon thereby
endangering a Vietnamese civilian, leaving post in a combat zone
without proper relief, violation of a lawful general regulation,
loitering on post in a combat zone, willful disobedience of a
lawful order, and disobedience of a lawful general order.
On 16 September 1970 an administrative discharge board
recommended that you be separated from the Marine Corps with an
undesirable discharge by reason of unfitness due to frequent
involvement of a @iscreditable nature with military authorities.
The recommendation was approved by the separation authority, and
you were separated with an undesirable discharge on 13 October
1970. :
On 31 March 1978 the Naval Discharge Review Board (NDRB) upgraded
your discharge to general under the Special Discharge Review
Program; however, on 20 June 1978 NDRB declined to affirm the
upgrade under its uniform standards for discharge review, thereby
denying you eligibility for benefits administered by the
Department of Veterans Affairs.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth and
service in Vietnam. The Board concluded that those factors were
insufficient to warrant recharacterization of your discharge,
given the number and severity of your offenses. Accordingly,
your application has been denied. The names and votes of the
members of the panel will be furnished upon request.
It 1s 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,
\S
w. D
. HAN PF
Executive Dine xr
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