DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMW
Docket No: 11265-06
31 January 2008
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 29 January 2008. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Documentary material considered by the Board consisted of
together with all material submitted in support
and applicable statutes, regulations,
Board.
your application,
thereof, your naval record,
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.
On 3 May 1971, you enlisted in the Marine Corps after falsifying
your age. On 7 June 1971, you were honorably discharged by
reason of minority enlistment after it was discovered that you
were 16 years of age.
On 16 March 1972, you enlisted in the Marine Corps at age 17. On
25 and 26 April 1972, you were in an unauthorized absence (UA)
Status while at recruit training. On 11 May 1972, you had
nonjudicial punishment for the UA and impersonating a gunnery
sergeant. On 17 May 1972, while at recruit training, you began a
UA that ended on 8 September 1972, a period of about 114 days.
Based on the information currently contained in the record, it
appears that you subsequently requested an undesirable discharge
(UD) for the good of the service to avoid trial by court-martial
for the charge of UA. Apparently, the separation authority
approved your request for a UD for the good of the service. on
31 October 1972, while at recruit training, you were so
discharged.
The Board, in its review of your entire record, carefully
considered all potential mitigation, such as your youth. The
Board also considered the letters of reference and your
contention that you served in Vietnam. Nevertheless, the Board
found the evidence and materials submitted were not sufficient to
warrant recharacterization of your discharge due to the
seriousness of your misconduct, specifically, a UA that exceeded
three months. Furthermore, the Board believed 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. Regarding your contention of serving in
Vietnam, there is no evidence in the record to show that you ever
served in Vietnam or even had an opportunity to serve in Vietnam
Since you never completed recruit training. Finally, the Board
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,
DWerrst F
ror
Executive
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