DEPARTMENT OF THE NAVY
BQ@ARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 10740-07
21 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, gection 1552.
A three-member panel jof the Board for Correction of Naval
Records, sitting in dxecutive session, considered your
application on 20 August 2008. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procddures 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 conlscientious consideration of the entire
record, the Board found the evidence submitted was insufficient
to establish the exisltence of probable material error or
injustice.
On 26 November 1973, you enlisted in the Marine Corps at age
18. On 8 January 1974, you began an unauthorized absence (UA)
that ended on 9 January 1974. On 11 January 1974, you failed
to comply with straggller orders and began another UA that ended
on 16 January 1974, a|period of about five days. On
17 January 1974, you began another UA when you failed to comply
with straggler orders On 16 February 1974, you were
apprehended by civilian authorities and held pending charges of
eluding police, reckless driving, and operating a vehicle
without a license and|the owner's consent. These charges were
subsequently filed away. On 12 June 1974, you were returned to
military authorities after being in a UA status for about 146
days. On 4 July 1974] you began another UA while enroute to
Parris Island under gtard. On 4 August 1974, you were
apprehended by civilidn authorities and held pending charges of
tampering with a vehidle. On 21 August 1974, you were
convicted in civil court of this offense and sentenced to
confinement and 12 months of probation. On that same date, you
were returned to military authorities after being in a UA
status for about 48 days.
On 27 September 1974] you requested an undesirable discharge
(UD) for the good of|the service to avoid trial by court-
Martial for four periods of UA totaling about 200 days. At
that time, you consuyted with counsel and acknowledged the
consequences of receiving such a discharge. On 7 October 1974,
the separation authority approved your request for a UD. On
11 October 1974, 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 wer¢ spared the stigma of a court-martial
conviction and the pdtential penalties of a punitive discharge
and confinement at hard labor.
The Board, in its review of your entire record, carefully
considered all potentiial mitigation, such as your youth. The
Board also considered your contentions that personal problems
and undiagnosed depression contributed to your misconduct.
Nevertheless, the Board concluded that these factors were not
sufficient to warrant] recharacterization of your discharge due
to the seriousness of| your misconduct. Regarding your
contentions, there is| no evidence in the record to show that
personal problems or depression contributed to your misconduct.
But, even if there welre such evidence, that would not excuse
your misconduct. Furlthermore, the Board believed that
considerable clemency] was extended to you when your request for
discharge to avoid triial 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 pf 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 thig 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,
Sad
ROBERT D. SALMAN
Acting Executive Director
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