DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 CRS
Docket No: 5674-10
2 March 2011
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 16 February 2011. 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 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 28 May
1969. You received nonjudicial punishment on two occasions for
offenses that included an unauthorized absence and failure to go
to appointed place of duty.
On 18 December 1970 you submitted a written request for discharge
for the good of the service in lieu of trial by court-martial for
two periods of unauthorized absence. 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 on 28 January
1971.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, overall
record, and the unsubstantiated contention that your discharge
was to be automatically upgraded after a period of time. It
Found those factors insufficient to warrant corrective action in
your case. Further, the Board noted that there is no tule or
regulation that provides for the automatic upgrading of
discharges.
The Board concluded that your service was properly characterized
as undesirable given your lengthy periods of unauthorized
absence. In addition, the Board believes that considerable
clemency was extended to you when your request for discharge was
approved since, by, that action, you avoided the possibility of a
, Federal conviction,,s confinement at hard labor and a punitive
discharge. Furthet, 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 its terms at
this time. 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
DEAN PFRYF
Executive re xX
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