DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX ‘
WASHINGTON DC 20370-5100 CRs
Docket No: 9861-08
30 November 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 November 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.
The Board found that you enlisted in the Marine Corps Reserve on
22 February 1969. On 31 July 1974 you were ordered to active
duty involuntarily for a period of 16 months for failing to
attend regularly scheduled drills. You failed to report and
remained absent until 13 October 1977. On 18 October 1977 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 1446 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 a discharge under other than honorable conditions.
Your request was approved by the discharge authority, and you
received a discharge under other than honorable conditions on 21
October 1977.
In its review of your application the Board carefully weighed ali
potentially mitigating factors, such as your unsubstantiated
contention that you had family problems which contributed to your
misconduct. The Board found those factors insufficient to
warrant corrective action in your case, given the lengthy period
of unauthorized absence. In addition, the Board believes that
considerable clemency was extended to you when your request for
discharge was approved since, by that 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
its terms at this time. ‘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,
\ peas \
W. DEAN PF rR
Executive D or
2
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