DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No:
5 September 2003
2313-03
Your allegations of error and
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 3 September 2003.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Documentary material considered by the Board consisted of
Board.
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.
You enlisted in the Marine Corps on 12 May 1969 at age 21.
were then an unauthorized absentee on two occasions, from 16
October 1969 to 28 January 1970 and 17 February to 16 July 1970.
Your military record shows that you submitted a written request
court-
for an undesirable discharge in order to avoid trial by
martial for the foregoing periods of unauthorized absence,
totaling about 150 days,
Your record
also 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.
was granted on 27 August 1970 and, 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.
In its
potentially mitigating factors,
and your admission that you made mistakes while in the Marine
Corps.
review.of your application the Board carefully weighed all
The Board found that these factors were not sufficient to
YOU were discharged on 3 September 1970.
such as your limited education
You
and breaking restriction.
The Board found that your request
warrant recharacterization of your discharge given your record of
lengthy periods of unauthorized absence and especially your
request for discharge to avoid trial.
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.
Further, the Board concluded that you received the
benefit of your bargain when your request for discharge was
granted and you should not be permitted to change it now.
The
Board concluded that your discharge was proper as issued and no
change is warranted.
Accordingly, your application has been denied.
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.
The names and
Executive D
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