DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
RDZ:echb
Docket No. 08996-08
11 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 10 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.
You enlisted in the Marine Corps on 26 February 1974 for a term
of four years. Unfortunately you only served a little less than
two years and were discharged, pursuant to your request, to
avoid trial by court-martial for 159 days of unauthorized
absence (UA). In your request you expressly agreed to accept an
undesirable discharge (UD) in order to avoid the risk of serving
confinement at hard labor and receiving a bad conduct discharge
L1£ you were convicted by court-martial. Your record also shows
that prior to this offense you received two nonjudicial
punishments and one summary court-martial for repeated periods
of UA, using disrespectful language to a superior and sleeping
on fire watch. Moreover, at the time you began your 159 day
period you were facing trial by court-martial for 11 instances
of failure to go to your appointed place of duty.
In its review of your application the Boarded concluded that in
view of the seriousness of your last offense as well as your
prior disciplinary record your discharge was proper as issued
and should not be changed now as a matter of clemency. The
Board believed that you received considerable clemency when your
request for discharge to avoid court-martial was granted.
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,
(Deaton
W. DEAN PFHIFRE
Executive lo
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