DEE ARTMENT OF THE NAVY
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
for correction of
This is in reference to your applica 1 correction of your
naval record pursuant to the provisions of title 10, United
States Code, section 1552
Although your application was not filed in a timely manner, the
Board found it in the interest of Justice to waive the statute of
limitations and consider your application on its merits. A
three-member panel of 1 Correction of Naval ords,
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will be furnished upon 2st. our 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 ith all material submitted in support
thereof, your naval record, applicable statutes, regulations,
You enlisted in the Marine Corps iod of active
duty on 28 April 1969. You serve without
disciplinary incident, but during E 21 July 1969 to
18 October 1970, you received nonjudi punishment (NJP) on
three occasions and were convicted by summary court-martial
Your offenses were disrespect toward a noncommissioned officer
unauthorized absence, and insubordinate conduct.
You made a written request for discharge for the good of the
service to avoid trial by court-martial for two instances of
willfully disobeying a commissioned officer. 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 scharge
Your request was granted and the commanding officer directed your
other than honorable (OTH) discharge. As a result of this :
action, you were spared the stigma of a court-martial conviction
and the potential penalties of 4 punitive discharge and
confinement at hard labor. On ?7 January 1971, you were
discharged under OTH conditions.
The Board, in its review of your entire record and application
carefully weighed all potentially mitigating factors, such as
your desire to upgrade your aischarge ana assertions Or post-
traumatic stress disorder and being the victim of racia
discrimination. Nevertheless, the Board concluded these factors
were not sufficient to warrant recharacterization of your
discharge given the seriousness of your misconduct and request
for discharge. The Board believed that considerable clemency Wes
extended to you when your request for discharge to avoid trial by
court-martial was approved. Further, the Board 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. Regarding your assertion of
suffering from PTSD, the Board noted that you did not provide a
diagnosis and finally, there is no evidence in the record and you
provided none, to support your assertion of racial
discrimination. 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 materia
evidence within one year from the date of the Board's decision.
New evidence is evidence not previously considered by the Board
prior to making its decision in your case. In this regard, it is
important to keep in mind that a presumption of regularity
attaches to all fficial records. Consequently, when applying
cea, F : :
for a correction of an official naval recora, the burden is on
the applicant to demonstrate the existence of probable material
error or injustice.
Sincerely,
ROBERT J. O'NEILL
Executive Director
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