DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 2889-07
24 January 2008
naval record pursuant to the provisions of Title 10,
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 January 2008. 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
Co establish the existence of probable material error or
injustice.
You enlisted in the Marine Corps on 10 December 1973 at age 18
and served without disciplinary incident until 7 October 1974,
when you received nonjudicial punishment (NJP) for failure to
obey a lawful order. The punishment imposed was an $86
forfeiture of pay and restriction and extra duty for 30 days.
During the period from 21 August to 24 November 1975 you were in
an unauthorized absence (UA) status on two occasions. Asa
result, on 8 January 1976, you submitted a written request for an
other than honorable discharge in order to avoid trial by court-
martial for the foregoing periods of UA totalling 77 days and
personal problems. 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. Subsequently, your
request for discharge was granted, and on 5 May 1976 you received
an other than honorable discharge in lieu of trial by court-
martial. As a result, you were spared the stigma of a court-
martial conviction and the potential penalties of a punitive
discharge and confinement at hard labor.
your youth and assertion that you did not warrant an other than
honorable discharge. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of your
discharge because of the seriousness of your repetitive
misconduct, which resulted in NUP and your lengthy period of UA,
which also resulted in 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. Finally, there is documented evidence in the
record that is contrary to your assertion. 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,
der’
W. DEAN PF
Executive Di netAXor
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