DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMW
Docket No: 10393-07
14 July 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 9 July 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 29 June 1973, you enlisted in the Marine Corps at age 20.
On 21 January 1974, you were convicted by a summary court-
martial for a 54 day period of unauthorized absence (UA).
On 6 March 1974, you had nonjudicial punishment for absence
from your appointed place of duty. On 19 March 1974, you began
a UA that ended on 20 January 1975, a period of about 307 days.
On 7 February 1975, you requested an undesirable discharge (UD)
for the good of the service to avoid trial by court-martial for
the 307 day period of UA. At that time, you consulted with
counsel and acknowledged the consequences of receiving such a
discharge. On 14 February 1975, the separation authority
approved your request for a UD. On 24 February 1975, 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. The
Board also considered your contention that alcohol abuse may
have attributed to your misconduct. Nevertheless, the Board
concluded that these factors were not sufficient to warrant
recharacterization of your discharge due to the lengthy UA's.
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. Regarding your contention,
there is no evidence in the record to show that you abused
alcohol and it does not excuse misconduct in any event.
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,
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