DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
, 2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 2091-08
20 July 2009
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 15 July 2009. 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 7
February 1973. On 3 May 1976 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 215 days. 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 an undesirable discharge. Your
request was approved by the discharge authority, and you received
an undesirable discharge on 21 May 1976.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your contention to the
effect that you had symptoms of “Post Dramatic [sic] Stress
Syndrome” which caused you to absent yourself without authority
and remain absent for an extended period of time. The Board
found that contention insufficient to warrant corrective action
‘ain your casé.
The Board concluded that your service was properly characterized
as under other than honorable conditions given the serious nature
of the offense for which you were discharged. In addition, 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 concluded that the available records do not contain any
credible evidence that you suffered from a mental disorder that
was incurred or aggravated by your service in the Marine Corps,
or that you lacked mental responsibility for your actions.
In view of the foregoing, 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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