DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 1231-05
13 October 2005
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 4 October
2005. 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 were commissioned a second lieutenant in the Marine Corps Reserve
on 27 May 1953. On 10 August 1953, you reported for 24 months of
active duty. Subsequently, you were promoted to first lieutenant. On
20 June 1955, general court-martial charges were filed against you
after your commanding officer became aware of your involvement in
obscene photographs. On 1 July 1955 you were notified of the intent to
revoke your commission. On 22 July 1955 Headquarters Marine Corps
directed that your case be referred to a general court-martial, unless
you resigned for the good of the service with the understanding that
your discharge would be under conditions other than honorable
Your record shows that you submitted a written request for a discharge
under other than honorable conditions in order to avoid trial by
general court-martial for your participation in obscene acts. 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 24 September 1955 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 9 November 1955.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your period of good service in the
Marine Corps and your contention that you have been a good citizen for many
years. You desire a better discharge so that you can receive help with your
drug expenses. The Board found that these factors were not sufficient to
warrant recharacterization of your discharge given your record of
misconduct and especially your request for discharge to avoid trial for 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.
N
2
Sincerely
NJ
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