DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS !
Docket No: 6516-08
19 March 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 18 March 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.
On 2 November 1971, you enlisted in the Marine Corps at age 17
with parental consent. On 19 December 1971, your father passed
away. On or about 13 October 1972, your request to claim your
mother as a dependent was approved. During your subsequent
enlistment, you stated that you inquired about requesting a
hardship discharge during August 1973. Nevertheless, on
5 November 1973, you were honorably discharged from the Marine
Corps for immediate reenlistment.
On 6 November 1973, you reenlisted in the Marine Corps at age
19. On 4 February 1974, a psychiatric evaluation stated that
you had immature personality traits, but had no psychiatric
problems. On 15 March 1974, you had nonjudicial punishment for
a 34 day period cf unauthorized absence (UA). During the
period 21 July to 8 December 1974, you were in a UA status, a
period of about 140 days. On 23 January 1975, your commanding
officer responded to a congressional inquiry in which he stated
that you had no hardship discharge action pending. On
24 January 1975, you were convicted by a special court-martial
of the 140 day period of UA. Your sentence included
confinement at hard labor, reduction in rank, forfeitures of
pay, and a bad conduct discharge (BCD). On 27 January 1975,
you waived the right to request restoration to duty and
requested execution of the BCD. However, you were not
discharged because your BCD was suspended and you were placed
on 12 months of probation. On 14 March 1975, you were
counseled on how to submit a request to be considered for a
hardship discharge. You subsequently submitted a statement in
which you stated in essence that there was not a financial
hardship and that you had stopped sending money to your mother.
During the period 14 March to 21 July 1975, you were in a UA
status, a period of about 68 days. On 13 August 1975, after
the BCD was approved at all levels of review, it was vacated
and ordered executed as a result of your continued misconduct.
On 15 August 1975, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your youth
and regret for your misconduct. The Board also considered your
contention that personal problems contributed to your
misconduct. Nevertheless, the Board concluded that these
factors were not sufficient to warrant recharacterization of
your discharge due to the seriousness of your lengthy UA's that
continued even after you were placed on probation. Regarding
your contention, the record shows that you were informed how to
submit a request to be considered for a hardship discharge, but
there is no evidence to show that you submitted such a request.
Furthermore, personal problems do not excuse misconduct.
Therefore, the Board concluded that the discharge was proper as
issued and no change is warranted. Accordingly, your
application has been denied. The names and votes of the
members of the panel will be furnished upon request.
The Board noted that as a result of your prior period of
honorable service, you may be eligible for veterans' benefits.
You should contact the nearest office of the Department of
Veterans Affairs if you desire clarification about your
eligibility for those benefits.
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 }s 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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