DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 1969-08
31 October 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 22 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 6 April
1976. You received three nonjudicial punishments for dereliction
of duty, absence from appointed place of duty, and disobedience
of a lawful order.
On 13 October 1977 you submitted a written request for discharge
for the good of the service in lieu of trial by court-martial for
an unauthorized absence of two days, failure to go to your
appointed place of duty, disobedience of a lawful order, and
failure to maintain a regulation haircut. 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 4 November 1977.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as the contentions that you
were not derelict in the performance of your duties and racial
unrest caused your misconduct. The Board found those contentions
to be unsubstantiated by the available records. The Board
concluded that your service was properly characterized as under
other than honorable conditions, given the serious nature of your
offenses. The Board believes that considerable clemency was
extended to you when your request for discharge was approved
since, by that action, you avoided the possibility of a Federal
conviction, 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 was not
persuaded that racial unrest caused your misconduct or that you
were not derelict in the performance of your duties.
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,
\oQaa dd
W. DEAN PFEIF
Executive Dire
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