DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
4 1
2 NAVY ANNEX SJN
WASHINGTON DC 20370-5100 Docket No: 06374—04
29 March 2005
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 23 March
2005. 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 31 July 1969 at age 18. On 17
February 1970 you began a period of unauthorized absence (UA) that
ended on 2 April 1970. On 5 May 1970 you submitted a written request
for an undesirable discharge in order to avoid trial by court-martial
for this 45-day 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.
Your request for discharge was granted and on 26 May 1970 you
received an undesirable discharge for the good of the service in lieu
of trail 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. Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge because of your
UA of more than a month and especially 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. 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,
2
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