DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX RDZ:ecb
WASHINGTON DC 2 . O
ASH © 20370-5100 Docket No. 09497-07
6 June 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 3 June 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 3 November 1970 at age 17.
Prior to the offense which resulted in your undesirable
discharge you received three nonjudicial punishments (NJP) for
absence from appointed place of duty, unauthorized absence and
breaking restriction. On 6 November 1972, after having
consulted with military counsel, you requested an undesirable
discharge in lieu of being tried by court-martial for 111 days
of unauthorized absence. Your request was granted and asa
result you were spared the stigma of a court-martial conviction
and the potential penalties of a bad conduct discharge and
confinement hard labor.
In its review of your application the Board concluded that
considerable clemency was extended to you when your request for
discharge to avoid trial court-martial was approved and having
received the benefit your bargain it should not be changed now.
Moreover the Board also took into account your prior
disciplinary record of three NUPs and the fact that your 111
days of UA was terminated not by your voluntary surrender but by
apprehension.
Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon
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,
DQaadT,
W. DEAN PFET
Executive Di
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