DEPARTMENTOFTHE NAVY
BOARD F O R C O R R E C T I O N O F N A V A L 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
TJR
Docket No: 9276-02
8 August 2003
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 5 August 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Marine Corps on 29 June 1973 at age 18.
served for two years and seven months without disciplinary
incident, but during the period from 12 February 1976 to 1
September 1977 you were in an unauthorized absence (UA) status
for 564 days.
You
On 8 September 1977 you submitted a written request for an other
than honorable discharge in order to avoid trial by court-martial
for the foregoing period of UA. Prior to submitting this request
for discharge, you conferred with a qualified military lawyer,
were advised of your rights, and warned of the probable adverse
consequences of accepting such a discharge. On 19 September 1977
your request for discharge was granted and on 20 September 1977
you received an other than honorable discharge in lieu of trial
by court-martial. 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.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity and your contention that your benefits
for the Montgomery GI Bill were fully restored. Nevertheless,
the Board concluded these factors and contention were not
sufficient to warrant recharacterization of your discharge
because of your lengthy period of UA which resulted in your
request for discharge. The Board believes that considerable
clemency was extended to you when your request for discharge was
approved since, by this action, you escaped the possibility of
confinement at hard labor and a punitive discharge. The Board
also 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. 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,
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