DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 7258-08
11 August 2008
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 6 August 2008. 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 3 March
1969. You were convicted by two summary courts-martial. The
offenses included an unauthorized absence and failure to go to
appointed place of duty on four occasions.
On 9 December 1971 you submitted a written request for discharge
for the good of the service in lieu of trial by court-martial for
having ammunition in your locker, stealing a watch and wallet, a
class ring and wedding band, impersonating a noncommissioned
officer, and desertion from 17 June to 12 November 1971 when you
were in the hands of civil authorities on the charge of armed
robbery. 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 January 1972.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your contention that the
armed robbery charge was dismissed. The Board concluded that
your service was properly characterized as an undesirable
discharge, given your extensive record of misconduct and the
serious nature of your offenses. The Board believes that
considerable clemency was extended to you when your request for
discharge was granted, and you should not be permitted to change
it now. In this regard, even though your charge for armed
robbery was dismissed, your offense was for the unauthorized
absence and not the armed robbery. 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,
Executive Di
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