DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 4239-09
14 April 2910
This is in reference to your application for correction of your
naval record pursuant to the provisions cf 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 18 February 2010. Your aliegations 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 probable material
error or injustice.
The Board found that you reenlisted in the Marine Corps on 30
August 1970. You received nonjudicial punishment on two
occasions and were convicted by.a special court-martial for
offenses that included unauthorized absences.
On 30 May 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 29 days and failure to obey a lawful
order. 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
undesixable discharge. Your request was approved by the
discharge authority, and you received an undesirable discharge on
6 June 1975.
On 16 April 1979 the Naval Discharge Review Board upgraded your
discharge to general.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, overail
service, and your contention that you have an honorable
discharge. The Board concluded that your service was properly
characterized as a general discharge. 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
wili 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,
\ Dead)
W. DEAN PFE
Executive D
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