DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
. 2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 11486-08
22 October 2009
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 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 20 October 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 naval record, and
applicable statutes, regulations, and policies. é
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 12 December 1974 at age 21
and served for four months without disciplinary infraction.
However, during the period from 9 April to 21 July 1975, you were
in an unauthorized absence (UA) status on four occasions.
On 11 August 1975 you submitted a written request for an other
than honorable discharge in order to avoid trial by court-martial
for the foregoing four. periods of UA totalling 95 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 commanding officer recommended
your request be approved. On 15 August 1975 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 result 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 26 August
1975 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. Nevertheless,
the Board found the evidence and materials submitted were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your repetitive and lengthy periods
of UA and request for discharge to avoid trial by court-martial
for this misconduct. Further, the Board believed that
considerable clemency was extended to you when your request for
discharge to avoid trial by court-martial was approved. The
Board also concluded that you received the benefit of your
bargain with the Marine Corps when your request for discharge was
granted and you should not be permitted to change it now.
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 ali 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 Dir
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