DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 ยง. COURTHOUSE RD SUITE 1001
ARLINGTON VA 22204-2490
BAN
Docket No: 01474-12
27 February 2013
on of your
This is in reference to your application for correcti
United
naval record pursuant to the provisions of title 10,
States Code, section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
cation on 14 February 2013. Your allegations of error and
i i ordance with administrative
regulations and procedures app
Board. Documentary material considered by t
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 entered active duty in the Marine Corps 29 July 1966, and
served without any disciplinary action until 1 October 1968, when
you were convicted at a special court-martial of an unauthorized
absence (UA) in excess of 29 days. Shortly thereafter, you
received nonjudicial punishment for UA. Additionally, you were
pending a court-martial for two specifications of UA in excess of
145 days. However, on 13 May 1970, while you were awaiting
court-martial, you requested, through counsel, to be separated
with an other than honorable (OTH) characterization of service.
At that time, you acknowledged the consequences of such a
discharge. Your request was granted and on 22 May 1970, you were
separated with an OTH discharge and an RE-4 reenlistment code, in
lieu of trial by court-martial. 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.
The Board, in its review of his entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and the Purple Heart you received during combat in
Vietnam. However, the Board concluded that these factors were
not sufficient to warrant recharacterization of your discharge
because of your misconduct and request for discharge. The Board
believed that considerable clemency was extended to you when your
request for discharge to avoid trial by court-martial was
approved. The Board concluded that you received the benefit of
it now. In order to add you medals to your Certificate of
Release or Discharge from Active Duty (DD Form 214), you must
contact Headquarters Marine Corps (Code MMSB), 3280 Russell Road,
Quantico, Virginia 22134. 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 his 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 PFBI
Executive r
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