DEPARTMENTOFTHE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
TJ-R
Docket No: 909-02
18 July 2002
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 16 July 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
your application, together
thereof, your naval record,
and policies.
Documentary material considered by the Board consisted of
pith all material submitted in support
and applicable statutes, regulations,
Your allegations of error and
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 on 8 August 1974 at the age of
18.
On 2 April 1976 you were convicted by special court-martial
(SPCM) of a 104 day period of unauthorized absence (UA) and were
sentenced to reduction to
for 75 days, and a $750 forfeiture of pay.
confinement were suspended for six months.
paygrade E-2, confinement at hard labor
The forfeitures and
Shortly thereafter, on 1 June 1976 you began a 120
During the period from 19 to 25 May 1976 you were UA for a total
of five days.
day period of UA that was not terminated until you were
apprehended on 29 September 1976.
submitted a written request for an undesirable discharge in order
to avoid trial by court-martial for the two periods of UA
totalling about 125 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.
Subsequently, your
request for discharge was granted and your commanding officer was
directed to issue you an undesirable discharge.
As a result of
this action, you were spared the stigma of a court-martial
On 28 October 1976 you
conviction and the potential penalties of a punitive discharge
On 16 November 1976 you were
and confinement at hard labor.
issued an undesirable discharge.
It also considered your contentions that your ability
The Board, in its review of your entire record and application,
carefully considered all mitigating factors, such as your youth
and immaturity, post service conduct, and character reference
letters.
to serve was impaired due to your personal problems, and you
should not have to continue to suffer from the adverse affects of
an undesirable discharge.
evidence and materials submitted were not sufficient to warrant
recharacterization of your discharge because of your repetitive
which also resulted in your request
and lengthy periods of UA,
for discharge to avoid trial.
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
The Board concluded that you
labor and a punitive discharge.
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.
been denied.
Accordingly, your application has
Nevertheless, the Board found the
The Board believed that
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
You are entitled to have the
favorable action cannot be taken.
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,
Executive Di
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