DEPARTMENT OF THE KAYY
BOARD FOR? CONSECTION OF NAVAL RECORDS
, 2 NAVY ANNEX
WASHINGTON DC 20876-71160 .
CRS
Docket No: 6677-08
30 September 20095
This ig 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 30 September 2009. Your allegations of error and
jnjustide 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 30
September 1974. You received three nonjudicial punishments for
offenses that included sleeping on post, assaulting another. .
private, and absence from appointed place of duty.
On 11 July 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, breaking restriction, and failure to go to
your appointed place of duty on seven occasions. 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 11 August 1975,
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, overall
service, and your contention that you had no disciplinary action.
The Board concluded that your service was properly characterized
as under other than honorable conditions. 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 &@ punitive discharge. Further, the Board
concluded that you received the benefit of your bargain 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 entitied 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,
Lees
W. DEAN PFETP
Fxeecutive Di
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