DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DCG 20370-5100 .
TIR
Decket No: 9542-08
26 August 2009
This is in reference to your application for correction of your
late daughter’s naval record pursuant to the provisions of Titie
10, 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 August 2009. The names and votes of the
members of the panel will be furnished upon request. 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 daughter’s 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.
You enlisted in the Marine Corps on 21 May 1969 at age 17. You
served without disciplinary infraction until 29 October 1969,
when you began a period of unauthorized absence (UA) that was not
terminated until you were apprehended by civil authorities on 11
February 1970. During this period of UA you were also declared a
deserter. On 20 March 1970 you submitted a written request for
an other than honorable discharge in order to avoid trial by
court-martial for the foregoing period of UA totalling 106 days.
Prior to submitting this request, you conferred with a qualified
military lawyer at which time you were advised of your rights and
warned of the probable adverse consequences of accepting such a
discharge. Subsequently, your request was granted and your
commanding officer was directed to issue you an other than
honorable discharge by reason of the good of the service, As a
resuit 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. On 2 April 1970 you
were issued an other than honorable discharge.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade your discharge. It also
considered your assertions of family, medical, and financial
problems and that you were not given an opportunity to rebut your
discharge. Nevertheless, the Board found the evidence and
materials submitted were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your lengthy period of UA which resulted in your request for
discharge to avoid trial by court-martial. The Board believed
that considerable clemency was extended to you when your request
for discharge to avoid trial by court-martial was approved.
Further, the Board concluded that you received the benefit of
your bargain with the Marine Corps when your request for
discharge was granted and as such, the discharge should not be
changed. Further, there is no evidence in the record, and you
submitted none, to support your assertions. Finally, the record
has documented evidence that is contrary to your assertion that
you were not provided-an opportunity to rebut your discharge.
Accordingly, your application has been denied.
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.
Consequentiy, 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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