DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMW
Docket No: 7848-07
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 26 August 1971, you enlisted in the Marine Corps at age 17
with parental consent. On 16 January 1972, you reported to a
Naval Aviation Training Command to attend a formal aviation
school. On 28 April 1972, you were dropped from the school due
to your refusal to pay attention in class, unconcerned
attitude, and ineffectual response to instructions that you |
were given. On 2 May 1972, you were administratively reduced
in rank due to incompetence. You subsequently reported for
duty as a warehouseman to Camp Lejeune.
During the period 30 August to 15 December 1972, you had four
nonjudicial punishments, one suspended punishment vacated, and
were convicted by a summary court-martial (SCM) for three
instances of unauthorized absence totaling three days,
dereliction in the performance of your duties, failure to go to
your appointed place of duty, and disobedience of a lawful
order. On 5 January 1973, you were counseled regarding your
misconduct and warned that further infractions could result in
administrative separation. On 5 January 1973, suspended
punishment from the SCM was vacated. On 23 February 1973, you
were counseled for having been convicted of larceny in a civil
court.
On 30 March 1973, you requested an undesirable discharge (UD)
for the good of the service to avoid trial by court-martial for
charges of conspiracy to commit an offense and assault. At
that time, you consulted with counsel and acknowledged the
consequences of receiving such a discharge. On 5 June 1973,
the separation authority approved your request for a UD.
On 15 June 1973, 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 the letters and certificates that you
provided regarding your post service volunteer efforts.
Nevertheless, the Board concluded that these factors were not
sufficient to warrant recharacterization of your discharge due
to the seriousness of your repetitive 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. 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,
Rte =
ROBERT D tn
Acting Executive Director
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