D E P A R T M E N T O F T H E N A V Y
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAW ANNEX
,
WASHINGTON DC 20370-5100
TJR
Docket No: 1120-99
5 August 1999
Dear - 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 27 July 1999. 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.
The Board found you enlisted in the Marine Corps on 16 July 1974
at the age of 19. Your record shows that you during the period
from 6 February to 17 September 1975 you were in an unauthorized
absence (UA) status on three occasions for 122 days. On 22
October 1975 you submitted a written request for an undesirable
discharge in order to avoid trial by court-martial for the
foregoing periods of UA. Your record shows that 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. Subsequently, on 3 November 1975, your request was
granted and your commanding officer was directed to issue you an
undesirable discharge by reason of 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. On 6 November 1975 you
were issued an other than honorable discharged.
The Board, in its review of your entire record and application,
carefully considered all mitigating factors, such as your youth
and immaturity, and your contention that you would like your
discharge upgraded. The Board further considered your contention
that you were told that your discharge would automatically be
upgraded. However, the Board found the evidence and materials
submitted were not sufficient to warrant recharacterization of
your discharge given the serious nature of your frequent and
lengthy periods of UA and your request for discharge to avoid
trial for these offenses. The Board believed that considerable
clemency was extended to you when your request for discharge to
avoid trial by court-martial was approved since, by this action,
you escaped the possibility of confinement at hard labor and a
punitive discharge. Further, the Board concluded that you
received the benefit of your bargain with the Marine Corps when
your request for discharge was granted and you should not be
permitted to change it now. Given all the circumstances of your
case the Board concluded your discharge was proper as issued and
no change is 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 PFE I FFER
Executive Director
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