DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMW
Docket No: 9942-07
14 August 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 13 August 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 13 July 1970, you enlisted in the Marine Corps at age
18. On 27 April 1971, you had nonjudicial punishment for a
brief instance of unauthorized absence (UA). On 2 May 1971,
you began a UA that ended on 28 May 1971, a period of about 26
days. On 2 June 1971, you were charged with the 26 day period
of UA, breaking restriction, possession of about 43.8 grams of
marijuana, and possession of a blank pistol and 117 rounds of
ammunition in your wall locker. On 22 June 1971, you requested
an undesirable discharge (UD) for the good of the service to
avoid trial by court-martial for these offenses. At that time,
you consulted with counsel and acknowledged the consequences of
receiving such a discharge. The separation authority
subsequently approved your request for a UD. On 16 July 1971,
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, desire
for a better discharge, and post service diagnosis as having
diabetes. Nevertheless, the Board concluded that these factors
were not sufficient to warrant 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. 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
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,
ley Ween’
W. DEAN PFEI
Executive Dir
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