DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 10312-07
18 November 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 29 October 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.
The Board found that you enlisted in the Marine Corps on 23 May
1973. On 20 June 1975 you received nonjudicial punishment for
two periods of unauthorized absence. On 12 July 1977 you
submitted a written request for discharge for the good of the
service in lieu of trial by court-martial for two periods of
unauthorized absence. Prior to submitting this request you
conferred with a qualified military lawyer who advised you of
your rights and warned of the probable adverse consequences of
receiving a discharge under other than honorable conditions.
Your request was approved by the discharge authority, and you
received a discharge under other than honorable conditions on 11
August 1977.
The Board carefully evaluated all potentially mitigating factors
in your case, such as your youth and personal problems. The
Board concluded that your service is appropriately characterized
by a discharge under other than honorable conditions, given your
multiple periods of unauthorized absence. The Board believes
that considerable clemency was extended to you when your request
for discharge was granted, as you avoided the possibility of a
conviction by court-martial, being confined at hard labor, and
receiving a punitive discharge. You received the benefit of your
bargain and 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.
Concerning your request to have a DD Form 214 issued in your new
name and social security number, you should write Headquarters
Marine Corps, MMSB 10, 3280 Russell Road, Quantico, VA 22138.
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,
\ aa
W. DEAN PFEI
Executive Di
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