DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

TRG
Docket No:	10326-06
11 May 2007

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 8 May 2007. 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.

You enlisted in the Marine Corps on 22 September 1972 at age 17. During the period from 16 May 1972 to 12 November 1974, you received nonjudicial punishment on seven occasions. Your offenses included two periods of unauthorized absence totaling about 11 days, several absences from your appointed place of duty, use of provoking speeches and gestures, disobedience and disrespect.

Your military record shows that you submitted a written request for an undesirable in order to avoid trial by court-martial for an unauthorized absence of about 34 days and escape from custody. Your record also shows that 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. The Board found that your request was granted on 31 January 1975 and, 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. You were discharged on 11 February 1975.

In its review of your application the Board carefully weighed all potentially mitigating factors, such as your youth,. limited education, and your contention that the discharge was based on an isolated incident of misconduct. The Board found that these factors and contentions were not sufficient to warrant recharacterization of your discharge given your record of misconduct and especially your request for discharge to avoid trial for a month of unauthorized absence and escape from custody the offenses. The Board believed that considerable clemency was extended to you when your request for discharge to avoid trial by court-martial was approved since, by this action, you escaped the possibility of 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. The Board concluded that your discharge was proper as issued and no change is warranted.

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 PFIEFFER
						Executive Director

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