: DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE toot
ARLINGTON, VA 22204-2490
oo . TIR .
Docket No: 5616-13
6 June 2014
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 3 June 2014. 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 and began a period of active
duty on 10 July 1967. You served for a year and 10 months
without incident,’ but on 24 May 1969 you received nonjudicial
punishment (NJP) for a 17 day period of unauthorized absence
(UA). About seven months later, on 11 December 1969, you were
convicted by summary court-martial (SCM) of a 21 day period of
UA. 7 . a
On 14 April 1970 you began another period of UA that was not
terminated until you were apprehended on 23 February 1971. Asa
result, on 17 March 1971, . you submitted a written request for an
undesirable discharge -in order to avoid trial by court-martial
for the foregoing period of UA totalling 315 days. 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 26 March 1971 your request for discharge was
granted and as a result of this action, you were spared the
.. by the Department of Veterans Affairs (DVA).
stigma of a court-martial conviction and the potential penalties
of a punitive discharge and confinement at hard labor. Shortly
thereafter, on 5 April 1971, you received an undesirable
discharge by reason of good of the service.
On 17 August 1977, under the Department of Defense Discharge
(DOD) Special Discharge Review Program (SDRP), the
characterization of your undesirable discharge was changed to
general under honorable conditions. Note however, that this
recharacterization does not entitle you to benefits administered
The Board, in its review of your entire record and application,
carefully considered all mitigating factors, such as post service
conduct, your period of satisfactory service, combat service in
the Republic of Vietnam, awards and medals, and desire to upgrade
your general discharge. Nevertheless, the Board found the
evidence and materials submitted were not sufficient to warrant
further recharacterization of your discharge given your lengthy
period of UA from the Marine Corps. The Board concluded that you
received the benefit of your bargain with the Marine Corps when
you were discharged at your request rather than being tried by
court-martial, which could have resulted ina lengthy period of
confinement as well as a punitive discharge. Finally, the Board
noted that your characterization of service was changed to
general under honorable conditions under the provisions of SDRP,
but concluded that any further change, which would make you
eligible for DVA benefits, was not warranted. As such, the Board
concluded your general discharge was proper as issued and no
further change is 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,
AS
ROBERT D. ZSALMAN
Acting Executive Director
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