DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
CRS
Docket No: 1414-09
7 August 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 29 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 material
error or injustice.
The Board found that you enlisted in the Marine Corps on 25
January 1968. On 14 November 1974 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 1363 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 and you received an
undesirable discharge on 14 November 1974.
On 20 January 1976 you were issued a clemency discharge, which
restored your civil rights but did not entitle you to veteran's
benefits.
. The Board carefully evaluated all potentially mitigating factors
in your case, such as your youth and overall service. The Board
concluded that your service was properly characterized as
undesirable, given your lengthy period cf unauthorized absence.
It found that. considerable clemency was extended to you when your
request for discharge was approved, as you avoided the
possibility of a conviction by court-martial, being confined at
hard labor, and receiving a punitive discharge. You received the
benefit of your bargain and 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 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,
W. DI
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