DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC .
Docket No: 10677-10
8B August 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 3 August 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 the evidence submitted was insufficient
to establish the existence of probable material error or
iijustace.
You enlisted in the Marine Corps on 14 September 1967, at age 17.
On 8 April 1968, you received nonjudicial punishment (NTP} for
disobeying an order given by your commanding officer, and
wrongfully discharging your M-16 rifle. On 21 October 1969, you
received NJP for being in an unauthorized absence (UA) status on
two occasions which totaled nine days, and failure to obey a
lawful order. On 19 December 1969, you were convicted by a
summary court-martial (SCM) of being UA for nine days. You were
sentenced to forfeiture of $50, reduction in pay grade, and
confinement at hard labor for 30 days. On 22 September 1970, you
were convicted by a special court-martial (SPCM) of being UA for
210 days. You were sentenced to forfeiture of §255, confinement
at hard labor for three months, and a bad conduct discharge
(BCD). Apparently, your BCD was suspended. However, on
17 February 1971, you submitted a request for a good of the
service discharge to avoid trial by court-martial for being UA a
total of 50 days. 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. Your commanding
apes
3
as
officer forwarded his recommendation that you be discharged under
undesirable conditions by reason of the good of service. Your
request for discharge was granted and on 2 April 1971, you
received an undesirable discharge for 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, At that time
you were assigned an RE-4 reenlistment code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, conduct
and performance, Vietnam combat record, and overall record of
service. Nevertheless, the Board found that these factors were
not :sufficient to warrant changing the characterization of your
service, given your two NUJP’s, conviction by a SCM, SPCM of
misconduct and request for discharge. The Board also concluded
that you received the benefit of your bargain with the Marine
Corps when your request for discharge was granted and should not
be permitted to change it now. 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,
lo Dead R
Executive or
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