DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMW
Docket No: 467-07
19 July 2007
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 18 July 2007. 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.
On 26 June 1974 you enlisted in the Marine Corps at age 18. On
14 April 1975 you received nonjudicial punishment (NUP) for a
brief period of unauthorized absence (UA). On 11 August 1975 you
were charged with failure to obey a lawful order having a
revolver and ammunition on a military installation. You were
also charged with four instances of assault and four instances of
communicating a threat, specifically, pointing a loaded revolver
at four individuals on board a military installation. on
6 October 1975 you requested an undesirable discharge for the
good of the service to avoid trial by court-martial for these
charges. At that time, you consulted with counsel and
acknowledged the consequences of receiving such a discharge.
15 October 1975 the separation authority approved your request
for an undesirable discharge. On 5 November 1975 you were
separated with an undesirable discharge for the good of the
service to avoid 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.
On
The Board, in its review of your entire record, carefully
considered all mitigating factors, such as your youth. The Board
also considered your contention of innocence. 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. 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, there is no evidence in the record to support
your contention of innocence. Finally, the Board concluded that
you received the benefit of your bargain with the Marine Corps
when your request for discharge was granted and you 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,
\s
W. DEAN PFE
Executive.D
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