DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORRS.
2 NAVY ANNEX .
WASHINGTON DC 20370-5100 . Docket No: 1669-09
16 June 2009
This is. in reference to your application ror correction of your
naval record pursuant to che provisions of Title 10 of the United
States Code section 1552.
aA three-member panel of the Board for Correction of Naval
Recoras, sitting in executive session, considered your
application on 10 June 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 39
January 1976. On 12 August 1976 you received nonjudicial
punishment for an unauthorized absence of two days and failure to
go to appointed place of duty. On 7 May 1979 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 986
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 16 May 1979.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your contention that the
court informed you that you would received an honorable
discharge. [It found your contention insufficient to warrant
corrective action in your case.
The Board concluded that your service was properly characterized
as a discharge under other than honorable conditions, given your
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 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 ig important to keep in mina 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,
‘NaS:
W. DEAN PF
Executive Di
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