DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJIR
Docket No: 8607-06
17 July 2007
¢
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 17 July 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Marine Corps on 24 April 1973 at age 17.
About two months later, on 6 June 1973, you received nonjudicial
punishment (NJP) for disobedience and were awarded a $25
forfeiture of pay. On 22 December 1973 you received NUP for
sleeping on watch and were awarded a $84 forfeiture of pay and
extra duty and restriction for 14 days.
;
On 17 January 1974 you received your third NIP for two
specifications of failure to obey a lawful order and a four day
period of unauthorized absence (UA). The punishment imposed was
restriction and extra duty for 30 days and reduction to paygrade
E-1. The reduction in paygrade was suspended for six months.
However, on 1 April 1974, this suspension was vacated due to
your continued misconduct.
On 1 May 1974 you submitted a written request for an other than
honorable discharge in order to avoid trial by court-martial for
absence from your appointed place of duty, disobedience,
sleeping on post, and larceny of a $90 tape recorder from a
fellow Marine. Prior to submitting this request for discharge,
you conferred with a qualified military lawyer, were advised of
your rights, and warned of the probable adverse consequences of
accepting such a discharge. On 17 May 1974 your request for
discharge was granted, and on 3 July 1974 you received an other
than honorable discharge in lieu of trial by court-martial. As
a result, you were spared the stigma of a court-martial
conviction and the potential penalties of a punitive discharge
and confinement at hard labor.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and assertion that your record of offenses reflect
only isolated or minor misconduct. It also considered the
request from your sister regarding recharacterization of your
discharge. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of the seriousness of your misconduct which resulted in
three NUPs, and your request for discharge. The Board believed
that considerable clemency was extended to you when your request
for discharge was approved since, by this action, you escaped
the possibility of confinement at hard labor and a punitive
discharge. The Board also concluded that you received the
benefit of your bargain with the Marine Corps when your request
for discharge was granted and should not be permitted to change
it now. 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
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 PF
Executive Dithector
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