DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 2916-07
11 February 2008
This is in reference to
naval record pursuant to the
States Code, Section 1552.
your application for correction of your
provisions of Title 10, Unite
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 5 February 2008. Your allegations of error and
injustice were reviewed in accordance with administrative
your application, together with all material submitted in support
thereof, your naval record, and applicable statutes, regulations,
and policies.
You enlisted in the Marine Corps on 30 May 1975 at age 17.
During the period from 25 to 29 October 1975 you were in an
unauthorized absence (UA) status for four days. However, no
disciplinary action was taken for this period of UA. On 31
October 1975 you began another period of UA that was not
terminated until 23 December 1975 when you were apprehended and
confined by civil authorities on a burglary charge.
During the period from 6 January to 1 April 1976 you were again
UA on two more occasions, absent from your appointed place of
duty, and failed to go to your appointed place of duty. On 23
April 1976 you received nonjudicial punishment (NJP) for wearing
an improper uniform and being improperly dressed. The punishment
imposed was a $50 forfeiture of pay and restriction for seven
days.
On 27 April 1976 you submitted a written request for an other
than honorable discharge in order to avoid trial by court-martial
for two periods of UA totalling 131 days, absence from your
appointed place of duty, and failure to go to your appointed
place of duty. Prior to submitting this request, you conferred
with a qualified military lawyer, were advised of your rights,
and warned of the probable adverse consequences of accepting such
a discharge. On 29 April 1976 your commanding officer
recommended your request be disapproved and that the charges be
referred for court-martial. However, on 5 May 1976, your request
was granted and on 8 June 1976 you received an other than
honorable discharge in lieu of 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.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and assertion that your discharge should be changed
because of your family hardships. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your repetitive misconduct and your lengthy periods of UA from
the Marine Corps, 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,
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