DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMW
Docket No: 10150-07
26 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 25 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
On 14 July 1972, you enlisted in the Marine Corps at age 17
with parental consent. On 5 November 1972, you began an
unauthorized absence (UA) that ended on 18 February 1973, a
period of about 105 days. On 1 March 1973, you were convicted
by a summary court-martial of this offense. on 2 April 1973,
you began a UA that ended on 14 August 1973, a period of about
134 days. On 5 October 1973, you requested an undesirable
discharge (UD) for the good of the service to avoid trial by
court-martial for the 134 day period of UA. At that time, you
consulted with counsel and acknowledged the consequences of
receiving such a discharge. On 23 October 1973, the separation
authority approved your request for a UD. On 25 October 1973,
you had nonjudicial punishment for disobedience of a lawful
order. On 31 October 1973, you were separated with a UD for
the good of the service to avoid trial by court-martial. Asa
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 belief that your discharge would
change after six months. ‘Nevertheless, the Board concluded
that these factors were not sufficient to warrant
recharacterization of your discharge due to the seriousness of
your misconduct. You are advised that there is no provision in
the law or regulations that allows for recharacterization after
six months or due solely to the passage of time. 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,
depp?
W. DEAN PF F
Executive ettor
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