DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 534-10
13 October 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 6 October 2010. 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.
You enlisted in the Marine Corps on 30 July 1973 at age 26 and
served without disciplinary infraction until January 1974. On 18
January 1974 you submitted a written request for an undesirable
discharge in order to avoid trial by court-martial for two
specifications of communicating a threat to injure, assault, and
two specifications of disobedience. 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 6 May
1974 your request was granted and your commanding officer was
directed to issue you an undesirable 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 15 May 1974 you were so discharged. However, in accordance
with Public Law 95-126, the Navy Discharge Review Board (NDRB)
determined that you qualified for an upgrade of your discharge
under uniform standards and, as such, upgraded the your
undesirable discharge to general under honorable conditions. At
that time you were advised that you might be ineligible for
veteran's benefits.
The Board, in its review of your entire record and application,
carefully considered all mitigating factors, such as your youth
qd. desire to upgiade your general discharge. Nevertheless, the
ard ee the evidence and materials submitted were not
; warrant any favorable action given the seriousness
of your repetitive misconduct. The Board noted that your
characterization, of service was changed to general under
‘honorable’ conditions, but concluded that a further change was not
warranted. Accordingly, your application has been denied.
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,
Peau ve raceto
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