DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-51 oo
TIR
Docket No: 5784-09
24 May 2010
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.
BR three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 18 May 2010. 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.
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 and began a period of active
duty on 13 February 1969 at age 19. You served without
disciplinary incident until 8 April 1972, when you were convicted
by summary court-martial (SCM) of a 45 day period of unauthorized
absence (UA}. On 18 August 1972 you were convicted by special
court-martial (SPCM) of a 102 day period of UA.
During the period from 14 January 1973 to 7 January 1975 you were
in a UA status on two more occasions for 613 days, and declared a
deserter on both of those occasions. You were also in wrongful
possession of Mun-chucks and failed to go to your appointed place
of duty on three occasions. As a result, on 18 April 1975, you
submitted a written request for an other than honorable discharge
in order to avoid trial by court-martial for the foregoing
misconduct. 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. On 5 May 1975 your request was
granted and the 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 15 May 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, combat service, and desire to upgrade your discharge.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your repetitive and lengthy periods
of UA from the Marine Corps, which resulted in two court-martial
convictions and your request for discharge. The Board believed
that considerable clemency was extended to you when your request
for discharge to avoid trial by court-martial was approved.
Further, the Board 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 all official records.
Consequently, when applying for a correction of an official naval
record, the burden ig on the applicant to demonstrate the
existence of probable material error or jnjustice.
Sincerely,
\anQ
W. DEAN P
Executive tor
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