DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SION
Docket No: 12117-1090
25 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 23 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
injustice.
You enlisted in the Marine Corps and began a period of active
duty 28 July 1969. The Board found that you received four
nonjudicial punishments (NIP's) for unauthorized absence (UA),
wrongful possession of a liberty card, three instances of
disobedience, and absence from your appointed place of duty. You
were convicted by special court-martial (SPCM) of absence from
your appointed place of duty and two specifications of
disobedience. Further, you were convicted by two summary courts-
martial (SCM’s) of two periods of UA totaling 54 days,
disobedience, and sleeping on post. Subsequently, you were
notified of pending administrative separation. You waived your
rights to consuit with counsel, submit a statement or have your
case heard by an administrative discharge board (ADB). On
11 August 1971, your commanding officer forwarded your case
recommending that you receive an undesirable discharge by reason
of misconduct due to frequent involvement. On 26 August 1971,
the separation authority approved the recommendation of the
commanding officer for an undesirable discharge. You were so
discharged on 3 September 1971. On 19 July 1977, a panel of the
Naval Discharge Review Board (NDRB) convened under the Special
Discharge Review Program (SDRP), and your initial discharge was
changed to a general under honorable conditions under the
criteria of the SDRP.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
Vietnam service. Nevertheless, the Board concluded these factors
were not sufficient to warrant recharacterization of your
discharge given your misconduct that resulted in four NUP's, a
SPCM conviction, and convictions by two SCM’s of serious
offenses. Finally, the Board noted that you received a general
discharge under the SDRP. However, neither the Department of
Veterans Affairs (DVA) nor Department of Defense (DoD) considers
an upgrade to a general discharge by the SDRP to entitle you to
any benefits denied by reason of the original discharge. The
Board concluded that a 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,
W. DEAN PF
Executive D
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