DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 5966-08
26 February 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 25 February 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
On 23 July 1969, you enlisted in the Marine Corps at
age 17 with parental consent. On 12 October 1969, you
began about a 65 day period of unauthorized absence (UA)
that ended on 16 December 1969. On 21 December 1969, you
began another period of UA. On 1 December 1970, you were
apprehended by civilian authorities and held pending charges.
On 25 February 1970, you were convicted in civilian court of
grand larceny and received a suspended jail sentence. On
25 March 1970, you were returned to military authorities
after being in a UA status for about 94 days. During the
period 28 to 31 March 1970, you were in a UA status. On
13 April 1970, you requested an undesirable discharge (UD) for
the good of the service to avoid trial by court-martial for two
instances of UA totaling 159 days. On 27 April 1970, the
separation authority approved your request for a UD for the
good of the service to avoid trial by court-martial. On
5 May 1970, you were so discharged. As a 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.
The Board, in its review of your entire record, carefully
considered all potential mitigation, such as your youth and
desire for a better discharge. Nevertheless, the Board
concluded that these factors were not sufficient to warrant
recharacterization of your service due to the seriousness of
your misconduct. Furthermore, the Board believed that
considerable clemency was extended to you when your request for
discharge to avoid trial by court-martial was approved. The
Board also 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. 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,
W. DBAN PFE
Executive D r
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