DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 mpaq
Docket No: 1394-07
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 24 January 2008. Your allegations of error anda
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.
You enlisted in the Marine Corps Reserve on 7 February 1978.
Subsequently, you participated in 4 months and 22 days of initial
active duty for training. You were honorably discharged on 7 May
1979 to allow your enlistment in the Regular Marine Corps.
You enlisted in the Marine Corps on 8 May 1979 at age 18. During
the period from 27 November 1979 to 6 June 1980, you received
nonjudicial punishment and were convicted by a special court-
martial. Your offenses were four periods of unauthorized absence
totaling about 74 days. On 3 July 1980 you began another period
of unauthorized absence which lasted until you were apprehended
on 19 August 1980, a period of about 46 days.
Your military record shows that you submitted a written request
for a discharge under other than honorable conditions in order to
avoid trial by court-martial for the 46 day period of
unauthorized absence. Although the documentation to Support the
discharge processing is not filed in your record, regulations
require that prior to submitting this request, you had to have
conferred with a qualified military lawyer, at which time you
would have been advised of your rights and warned of the probable
adverse consequences of accepting such a discharge. The Board
found that your request was granted by the discharge authority
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 were
discharged on 20 October 1980.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your period of
honorable service in the Marine Corps Reserve and your personal
problems. The Board found that these factors were not sufficient
to warrant recharacterization of your discharge given your record
of misconduct and especially your request for discharge to avoid
trial for the offenses. 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 anda
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. 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,
\QeaSs
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