DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100
CRS
Docket No: 9146-08
27 July 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 22 July 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 INMaterial
error or injustice.
The Board found that you enlisted in the Marine Corps on 11 March
1964. You received five nonjudicial punishments and were
convicted by a special court-martial. The offenses included
pnauthorized absences, failure to obey a lawful order, and
breaking restriction.
On 9 March 1970 you submitted a written request for discharge for
the good of the service in lieu of trial by court-martial for an
unauthorized absence of 416 days. 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 25 March 1970.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, overall
service, and your contention that your discharge would be
upgraded after six months. It found those factors insufficient
to warrant corrective action in your case. There is no law or
regulation which provides for the upgrade of a discharge based
solely on the passage of a certain period of time.
The Board concluded that your service was properly characterized
as under other than honorable conditions, given your lengthy
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 ail 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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