DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS.
2 NAVY ANNEX
WASHINGTON DC 20370-5100 Docket No: 3350-08
8 June 2009
This 1s 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 3 June 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, regquiations
and policies.
After careful and conscientious consideration cf 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 28 July
1975. You received nonjudicial punishment and were convicted by
a special court-martial for offenses that included two periods of
unauthorized absence and missing movement.
On 16 September 1977 you submitted a written request for
discharge for the good of the service in lieu of trial by court-
martial for two periods of unauthorized absence of 930 days total
“duration. 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
6 October 1977.
In its review of your application the Board-carefuliy weighed all
potentially mitigating factors, such as your contention that you
were mentally unstable during your periods of service. It found
your contention insufficient to warrant corrective action in your
case.
The Board cancluded that your service was properly characterized
‘as an undesirable discharge, given your periods of unauthorized
absence. In addition, the Board believes that considerable
clemency was extended to you when your request for discharge was
approved since, by this 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.
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, \
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