DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 |
CRS
Docket No: NR 315-13
10 July 2613
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 10 duly 2013. 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 18 March
1974, . You.received nonjudicial punishment and were convicted by
a summary court-martial of offenses that included an unauthorized
absence, absence from your appointed place of duty, and being
drunk on duty.
On 30 January 1976 you submitted a written request for discharge
for the good of the service in lieu of trial by court-martial
for an unauthorized absence from 7 July to 30. December 1975.
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. Your request was approved, and you received an
undesirable discharge on 17 February 1976.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, overall
service, and the unsubstantiated contention in effect that your
misconduct was caused by racial discrimination. It found these
factors insufficient to warrant corrective action in your case
given your extensive disciplinary record and the serious nature
of the misconduct which resulted in your discharge. In this
regard, there is no evidence, and you have provided none, of
racial discrimination. In addition, the Board believed 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. 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 E
Executive Dive
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