DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 7123-10
10 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 9 March 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 27 July
1972. You received nonjudicial punishment on four occasions for
offenses that included two periods of unauthorized absence,
unsafe operation of a vehicle causing injury to others, and
disobedience of a lawful order on three occasions.
On 8 January 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 466 days. 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 3 February
1975.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and overall
record. It found those factors insufficient to warrant
corrective action in your case, given the serious nature of your
misconduct.
The Board concluded that your service was properly characterized
as undesirable given your lengthy period 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, confinement at hard labor and a punitive discharge.
Further, the Board concluded that you received the benefit of
your bargain when yoyr request for discharge was granted, and you
“should not be permitted to change its terms at this
qaccercingly, your application has been denied. The
votes of the members of the panel will be furnished
_ It is regretted.that the circumstances of your case
favorable action cannot be taken. You are entitled
time.
names and
upon request.
are such that
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,
\SQeoas ,
W. DEAN P
Executive Dir
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