DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 1333-10
29 October 2010
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 27 October 2010. 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
in UStiLee:.
You enlisted in the Marine Corps and began a period of active
duty on 19 May 1975 at age 19. On 29 October 1975, you were in
an unauthorized absence (UA) status from your unit for a period
of five days. On 3 November 1975, you were UA from your nat. for
a period of 115 days. On 5 March 1976, you submitted a written
request to be discharged for the good of the service to avoid
trial by court-martial for the periods of UA. You conferred with
a qualified military lawyer, were advised of your rights, and
were warned of the probable adverse consequences of accepting
such a discharge. Subsequently, your commanding officer
forwarded his recommendation that you be discharged for the good
of the service with an undesirable discharge. On 15 March 1976,
you received the undesirable discharge for 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.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct that
resulted in a period of UA totaling over four months and request
for discharge to avoid trial. The Board believed that
considerable clemency was extended to you when your request for
discharge was approved. The Board also concluded that you
received the benefit of your bargain with the Marine Corps when
your request for discharge was granted and should not be
permitted to change it now. Finally, there is no provision of
law or in Navy regulations that allows for recharacterization of
.service due solely to the passage of time. Accordingly, your
“application has been denied. The names and votes of the members
of the panel will be furnished upon request.
fit 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,
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