DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 2895-07
24 January 2008
your application for correction of your
the provisions of Title 10, United
This is in reference to
naval record pursuant to
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 applic i
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.
You enlisted in the Marine Corps on 25 February 1977 at age 17.
You served for six months without disciplinary incident, but
during the period from 8 August 1977 to 20 March 1978 you were in
an unauthorized absence (UA) status on four occasions. Asa
result, on 19 April 1978, 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 195 days and
escape from custody. 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 10 May 1978 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.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and your assertion that you would like your discharge
upgraded so that you may obtain veterans’ benefits. Nevertheless,
the Board concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your repetitive and lengthy periods 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. 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, 4
W. DEAN P
Executive cYor
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