DEPARTMENT OF THE NAVY
B O A R D F O R C O R R E C T I O N O F NAVAL R E C O R D S
2 N A V Y A N N E X
W A S H I N G T O N D C 2 0 3 7 0 - 5 1 0 0
CRS
Docket No: 8916-02
1 August 2003
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the 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 30 July 2003. 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you enlisted in the Marine Corps on 27 June
1967. On 26 August 1969 you were convicted by a special court-
martial of an unauthorized absence of 111 days.
On 25 March 1970 you submitted a writYEn rEqTf~S'€ for an
undesirable discharge in order to avoid trial by court-martial
for unauthorized absences totalling 161 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. Your request was granted and, as a result of this
action, you were shared the stigma of a court-martial conviction
and the potential penalties of a punitive discharge and
confinement at hard labor. You received the undesirable
discharge on 3 April 1970.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and
immaturity, family problems, and your combat record in Vietnam.
However, the Board found that these factors were not sufficient
to warrant recharacterization of your discharge given your
request for discharge to avoid trial for unauthorized absences
totalling more than five months, and your total period of absence
of about nine months. 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 when your request for
discharge was granted and should not be permitted to change it
now. Therefore, the Board concluded that no change to the
discharge 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,
Copy to: Mr.
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