DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 06367-09
12 May 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 11 May 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 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 17 December 1968. On
16 October 1969, you received nonjudicial punishment (NJP) for
being in an unauthorized absence (UA) status for 16 days. On
11 August 1970, you received NUP for making a false official
Statement. On 27 August 1970, you commenced a period of UA for
32 days. Subsequently, on 6 November 1970, you submitted a
request for an administrative discharge in order to avoid trial
by court-martial for the period of UA and your misconduct which
included leaving your appointed place of duty, willfully
disobeying a lawful order of your superior commissioned officer,
violating a lawful general order by riding in a Vietnamese
Civilian taxi, possessing a ration card which was issued to a
fellow Marine, carrying your M-16 rifle with a magazine inserted
while not required in the performance of your duty and
communicating a threat to a senior noncommissioned officer. Your
request for discharge was granted and on 17 December 1970, you
received an undesirable discharge in lieu of trial by court-
Martial. As a result of this action, you were spared the stigma
of a court-martial conviction and the potential penalties of a
4
punitive discharge and confinement at hard labor.
he Board, in its review of your application, carefully weighed
11 potentially mitigating factors, such as your youth, and
verall record of service. Nevertheless, the Board concluded
hese factors were not sufficient to warrant recharacterization
f£ your discharge because of the seriousness of your misconduct.
he Board believed that considerable clemency was extended to you
hen your request for discharge was approved. The Board also
oncluded that you received the benefit of your bargain with the
arine Corps when your request for discharge was granted and
hould not be permitted to change it now. Further, you are
dvised that there is no provision of law or in Navy regulations
hat allow for recharacterization of your discharge automatically
due solely to the passage of time. Accordingly, your application
has been denied. The names and votes of the members of the panel
will be furnished upon request.
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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,
pended
ROBERT D. SALMAN
Acting Executive Director
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