DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
TRG
WASHINGTON DC 20370-5100
Docket No: 1084-08
25 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 25 November 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 wag
insufficient to establish the existence of probable material
error or injustice.
|
You enlisted in the Marine Corps on 30 August 1973 at age 17. On
8 January 1974 you began a period of unauthorized absence which
lasted until you surrendered on 2 July 1974, a period of about
175 days. On 3 July 1974 you began another period of
unauthorized absence which lasted until you were apprehended on
21 July 1975,/a period of about 383 days.
Your military/record shows that you submitted a written request
for a discharge under other than honorable conditions in order to
avoid trial by court-martial for the two periods of unauthorized
absence totaling about 558 days. Your record also shows that
prior to submitting this request, you conferred with a qualified
military lawyer, at which time you were advised of your rights
and warned of |the probable adverse consequences of accepting such
a discharge. The Board found that your request was granted on
1 September 1975 and, as a result of this action, you were spared
the stigma of |a court-martial conviction and the potential
penalties of punitive discharge and confinement at hard labor.
You were discharged on 5 September 2005.
all potentially mitigating factors, such as youth and contention
In its review jof your application, the Board carefully weighed
that you began having panic attacks while you were in the Marine
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Corps and, in|effect, that you could not continue to serve. The
Board found that these factors and contention were not sufficient
to warrant recharacterization of your discharge given your record
of misconduct|and especially your request for discharge to avoid
trial for the/ offenses. There is no documentation in the record
and you have submitted none to support your contention that you
suffered from|)panic attacks or that because of these attacks that
you were not responsible for your actions. The Board believed
that considerable clemency was extended to you when your request
for discharge to avoid trial by court-martial was approved Since,
by this action, you escaped the possibility of confinement at
hard labor and a punitive discharge. Further, the Board
concluded that you received the benefit of your bargain when your
request for discharge was granted and you should not be permitted
to change it now. The Board concluded that your discharge was
proper as issued and no change is warranted.
Accordingly, pour application has been denied. The names and
votes of the embers of the panel will be furnished upon request.
It is regrettdd 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 off 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 yrobable material error or injustice.
Sincerely,
Woe Ry)”
W. DEAN PF
Executive D xr
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