ee
This is in reference
naval record pursuant
United States Code, ¢
A three-member panel
Records, sitting in 4
application on 20 August 2008.
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 317-08
21 August 2008
to your application for correction of your
to the provisions of title 10 of the
ection 1552.
of the Board for Correction of Naval
xecutive session, considered your
Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and proca
this Board. Document
consisted of your application,
submitted in support
statutes, regulations
After careful and con
record, the Board fou
to establish the exis
injustice.
On 12 April 1968, you
21. On 5 September 1
service record to the
you were admitted to
medical care. On 16
hospital and temporar
Lakes. On 21 Novembe
court-martial of faill
and larceny.
report to the Staging
22 March 1969,
failed to comply with
apprehended after being in a UA status for about 500 days.
dures applicable to the proceedings of
ary material considered by the Board
together with all material
thereof, your naval record, and applicable
, and policies.
scientious consideration of the entire
nd the evidence submitted was insufficient
tence of probable material error or
enlisted in the Marine Corps at age
p68, you were administratively joined by
Staging Battalion, Camp Pendleton after
the Naval Hospital, Great Lakes for
september 1968, you were released from the
tly attached to a local command at Great
¥ 1968, you were convicted by a summary
Ire to go to your appointed place of duty
On 18 February 1969, you were issued orders to
Battalion, Camp Pendleton. On
you began an unauthorized absence (UA) when you
the orders. On 4 August 1970, you were
On
20 August 1970, you rdquested an undesirable discharge (UD) for
the good of the servia
500 day period of UA.
e to avoid trial by court-martial for the
At that time, you consulted with counsel
and acknowledged the donsequences of receiving such a
discharge. On 27 August 1970, the separation authority
approved your request for a UD. On 2 September 1970, you were
separated with a UD |for the good of the service to avoid trial
by court-martial. Als a result of this action, you were spared
the stigma of a court-martial conviction and the potential
penalties of a punitlive discharge and confinement at hard
labor.
The Board, in its review of your entire record, carefully
considered all potential mitigation, such as your youth and
desire for a better discharge. 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 Ithe circumstances of your case are such
that favorable action cannot be taken. You are entitled to
have the Board recongider its decision upon submission of new
and material evidence or other matter not previously considered
by the Board. [In thils regard, it is important to keep in mind
that a presumption of regularity attaches to all official
records. Consequentilly, 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,
Ra PD
Fru_w. DEAN PFRIFFER
Executive Director
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