DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 1347-10
29 October 2010
This is in reference to your application for correction of your
naval record pursuant to the provisions af title 10, 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. 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 30 October 1974 at age 19. On 25 November 1976, you were
in an unauthorized absence (UA) status from your unit for a
period of 53 days until you were apprehended by civil
authorities. On 28 February 1977, you were UA from your unit for
a period of 59 days. On 16 June 1977, you were again UA from
your unit until you were apprehended by civil authorities on
10 February 1978, 4 period of 239 days. 23 February 1978, you
submitted a written request for an other than honorable (OTH)
discharge in order to avoid trial by court-martial for charges of
UA from your unit for a period of 351 days. 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.
Your request was granted and the commanding officer directed your
OTH discharge. 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 1
March 1978 the separation authority approved your request for
discharge. On 2 March 1978 you were discharged.
The Board, in its review of your entire record and 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 periods of UA that totaled over
Sag months and 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 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 naval
record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
W. D
EAN PF
Executive D oO
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