DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 N A V Y A N N E X
WASHINGTON DC 2 0 3 7 0 - 5 1 0 0
TJR
Docket No: 10366-02
15 September 2003
This is in reference to your application for correction of your
naval record pursuant to the provisions of ~ i t l e 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 9 September 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 7 May 1974 at age 18. You
served without disciplinary incident until 21 October 1975, when
you received nonjudicial punishment (NJP) for drunk and
disorderly conduct. The punishment imposed was a $90 forfeiture
of pay and correctional custody for seven days, which was
suspended for six months.
.-
On 2 February 1976 you began a 99 period day of unauthorized
absence (UA) that did not terminate until 10 May 1976, when you
were apprehended by civil authorities and charged with failure to
maintain car insurance, possession of an improper registration,
and improper driving. Two days later, on 12 May 1976, you began
yet another period of UA. During this period of UA, on 23 August
1976, you were convicted by civil authorities of failure to
maintain car insurance and were sentenced to confinement for 30
days. On 18 October 1976 you were convicted by civil authorities
of possession of an improper registration and improper driving.
You were sentenced to confinement for four months. On 1 December
1976 you were again apprehended by civil authorities which
terminated this second period of UA.
During the period from 12 to 19 January 1977 you were again in a
UA status for eight days. On 1 February 1977, you submitted a
written request for an other than honorable discharge in order to
avoid trial by court-martial for the first two periods of UA
totalling 303 days. 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 11 February 1977
your request for discharge was granted and on 7 May 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, post service conduct, and character
reference letters. It also considered your contention that you
went UA because your request for leave was denied. Nevertheless,
the Board concluded these factors and contention were not
sufficient to warrant recharacterization of your discharge
because of your frequent misconduct and especially the repetitive
and lengthy periods of UA which resulted in your request for
discharge. The Board believed 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. Final.ly, the Board noted that
there is no evidence in the record, and you submitted none, to
support your contention that you were denied leave. Even if you
were, such action would not justify or sufficiently mitigate such
lengthy periods of UA. 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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