DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
CRS
Docket No: 3696-09
Ll? 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 5 August 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 phebabie material
error or injustice.
The Board found that you enlisted in the Marine Corps on 11
October 1974. You received three nonjudicial punishments for
offenses that included an unauthorized absence and absence from
appointed place of duty on four occasions.
On 22 October 1975 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 109 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 by the discharge authority, and you received an
undesirable discharge on 7 November 1975.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and overall
service. The Board concluded that your service was properly
characterized an undesirable discharge, given your periods 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 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 navai
record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
Ww, BAN
Executive
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