' DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
CRS
WASHINGTON DC 20370-5100 ,
; Docket No: 7351-06
22 November 2006
This is in reference to your application for correction of your.
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 25 October 2006. 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 5 August
1970. On 7 March 1972 a special court-martial convened ‘and found
you guilty of unauthorized absences totaling 66 days. The court
sentenced you to confinement at hard labor for a month and
reduction in rank. ,
undesirable discharge in order to avoid trial by court-martial
for an unauthorized absence of 98 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 spared 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 25 October 1972.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your contention that the
disciplinary actions taken against you were caused by racism.
Nevertheless, the Board found these factors were not sufficient
to warrant recharacterization of your discharge given your
request for discharge to avoid trial for an unauthorized absence
of more than three months. The Board beliéved 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. Finally, the Board found no-evidence of. racism in your
record, and you have provided no such evidence. Based on the
foregoing, 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, 1
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