DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-51900
CRS
Docket No: 6900-10
28 March 2011
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 March 2011. 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 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 abet
December 1967. You received nonjudicial punishment on six
occasions and were convicted by three summary courts-martial for
offenses that included unauthorized absences, dereliction of
duty, violation of a lawful order, leaving post without proper
relief, failure to go to appointed place of duty, and
disobedience of a lawful order.
On 13 May 1971 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 with
military authorities. After review by the discharge authority,
the recommendation for separation was approved and on 25 June
1971 you received an undesirable discharge.
On 26 October 1977 the Naval Discharge Review Board (NDRB)
upgraded your discharge to general under the Special Discharge
Review Program; however, on 25 July 1978 NDRB declined to affirm
the general discharge under its uniform standards for discharge
review, thereby failing to establish your 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 combat
decorations. The Board concluded that those factors were
insufficient to warrant the recharacterization of your service,
given the number and serious nature of your military offenses.
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,
\g eas
W. DEAN PF
Executive
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