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NAVY | BCNR | CY2007 | 08333-07
Original file (08333-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                  2 NAVYANNEX
                           WASHINGTON DC 20370-5100
                 

                  TRG
          Docket No: 8333—07
                                     21 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-me mb er panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.
You enlisted in the Marine Corps on 26 March 1976 at age 18. During the period from 26 April 1977 to 5 May 1978, you received nonjudicial punishment on four occasions. Your offenses were three periods of unauthorized absence totaling about 10 days, two instances of possession of marijuana, and possession of another Marine’s identification card. On 5 May 1978 you began a period of unauthorized absence which lasted un til you surrendered on 8 March 1979, a period of about 314 days.
Your military record shows that you submitted a written request for a discharge under other than honorable conditions in order to avoid trial by court-martial for the 314 day period of unauthorized absence. Your record also shows that prior to submitting this request, you conferred with a qualified military lawyer, at which time you were advised of your rights and warned of the probable adverse consequences of accepting such a discharge. The Board found that your request was granted and, 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. You were discharged on 6 April 1979.

In its review of your application, the Board carefully weighed all potentially mitigating factors, such as your youth, limited
 education and low score on the aptitude test. The Board found that these factors were not sufficient to warrant recharacterization of your discharge given your record of misconduct and especially your request for discharge to avoid trial for the 314 day period of unauthorized absence. 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 when your request for discharge was granted and you should not be permitted to change it now. The Board concluded that your discharge was proper as issued and no change is warranted.
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,




W. DEAN PFEIFFER
Executive Director





















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