DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMW
Docket No: 7473-07
15 May 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 14 May 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
to establish the existence of probable material error or
injustice.
On 14 October 1968, you enlisted in the Marine Corps at age 17
with parental consent. On 20 February 1969, you had
nonjudicial punishment for sleeping on post. On
26 September 1969, you were convicted by a special court-
martial of four instances of unauthorized absence totaling
about 120 days...
On 30 April 1970, while stationed at an overseas command, you
requested an undesirable discharge (UD) to for the good of the
service to avoid trial by court-martial for charges of wrongful
appropriation of a tape recorder valued at $130 and possession
of 3.9 grams of marijuana. At that time, you consulted with
counsel and acknowledged the consequences of receiving such a
discharge. On 1 June 1970, the separation authority approved
your request for a UD. On 16 June 1970, you were separated
with a UD 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.
The Board, in its review of your entire record, carefully
considered all potential mitigation, such as your youth. The
Board also considered your contention that you were forced to
request a UD. Nevertheless, the Board concluded that these
factors were not sufficient to warrant changing the reason for
separation or 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. The Board also 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. Regarding your contention, there is no evidence
in the record to show that you were forced to request a UD.
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,
ROBERT D.VZSALMAN
Acting Executive Director
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