DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
TUIR
Docket No: 2477-08
5 February 2009
This igs in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 3 February 2009. The names and votes of the
members of the panel will be furnished upon request.
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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Marine Corps on 4 August 1972 at age 18 and
served without disciplinary incident until 26 December 1972, when
you received nonjudicial punishment (NJP) for absence from your
appointed place of duty.
On 16 March and again on 29 June 1973 you received NUP for
disrespect, disobedience, and a 30 day period of unauthorized
absence (UA). Shortly thereafter, on 17 August 1973, you began
another period of UA that was not terminated until 5 November
1973. During this period of UA you were also declared a
deserter.
On 18 December 1973 you submitted a written request for an other
than honorable discharge in order to avoid trial by court-martial
for the foregoing period of UA which totalled 80 days. 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. Subsequently, your request was granted and your
commanding officer was directed to issue you an other than
honorable discharge by reason of the good of the service. Asa
result of this action, you were spared the stigma of a court-
martial conviction and the potential penalties of a punitive
discharge and confinement at hard labor. On 21 January 1974 you
were issued an other than honorable discharge.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and post service conduct. It also considered your
assertions of being under pressure, family problems, and
requesting a hardship discharge. Nevertheless, the Board found
the evidence and materials submitted were not sufficient to
warrant recharacterization of your discharge because of the
seriousness of your misconduct and your request for discharge to
avoid trial by court-martial. Further, the Board believed that
considerable clemency was extended to you when your request for
discharge to avoid trial by court-martial was approved. Finally,
the Board 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.
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,
\nBonfrhl)
W. DEAN PF
Executive Di reytor
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