DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20376-5100
TAL
Docket No: 7538-09
1 June 2010
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 27 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 and began a period of active
duty on 29 May 1969 at age 17. You received nonjudicial
punishment (NJP) on five occasions for disobeying lawful orders
and regulations, unauthorized absence (UA) from and failure to go
to your appointed place of duty. You submitted a written request
for an undesirable discharge in order to avoid trial by court-
Martial for the pending charges of disrespect toward a
commissioned officer, disobeying a lawful order, communicating a
threat, and assault. Prior to submitting this request for
discharge, you conferred with a qualified military lawyer, were
advised of your rights, and were warned of the probable adverse
consequences of accepting such a discharge. On 21 December 1976
your request was granted and the commanding officer was directed
to issue you an undesirable discharge for the good of the
service.
On 6 February 1977, under the Department of Defense Special
Discharge Review Program (SDRP), the characterization of your
undesirable discharge was changed to general under honorable
conditions. Nevertheless, this recharacterization does not
entitle you to benefits administered by the Department of
Veterans Affairs (DVA).
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct. The
Board also concluded that you received the benefit of your
bargain with the Marine Corps when you were discharged at your
request rather than being tried by court-martial, which could
have resulted in a lengthy period of confinement as well as
punitive discharge. Finally, the Board noted that your
characterization of service was changed to general under
honorable conditions under the provisions of the SDRP, but
concluded that further change, which would make you eligible for
DVA benefits, was not warranted. 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, .
\y Qua
W. DEAN PFEINVF
Executive Dirac
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