DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMW
Docket No: 469-07
24 July 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 24 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.
On 15 August 1994 you enlisted in the Marine Corps at age 18.
During the period from 8 March 1995 to 19 November 1996 you _
received four nonjudicial punishments (NJP's). Your offenses
included going outside of liberty limits, failure to obey a
lawful order, disrespect, communicating a threat, and a brief
period of unauthorized absence (UA). On 25 November 1996 you
were counseled regarding deficiencies in your performance and
conduct, and warned that further infractions could result in
disciplinary action or administrative separation.
On 3 March 1997 you were charged with adultery. On 12 June 1997
you requested an other than honorable discharge for the good of
the service to avoid trial by court-martial for this charge. At
that time, you consulted with counsel and acknowledged the
consequences of receiving such a discharge. On 3 July 1997 the
separation authority approved your request for an other than
honorable discharge. On 15 July 1997 you were separated with an
other than honorable discharge for the good of the service to
avoid trial by court-martial. Asa 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.
The Board, in its review of your entire record, carefully
considered all mitigating factors, such as your youth. The Board
also considered your contention of innocence. Nevertheless, the
Board found the evidence and materials submitted were not
sufficient to warrant changing the characterization of service,
reason for discharge, or reenlistment code due to the seriousness
of your misconduct. Furthermore, 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. Regarding your contention, there
is no evidence in the record to support your contention of
innocence, and you acknowledged that you were guilty of adultery
when you requested the discharge. Finally, the Board concluded
that you received the benefit of your bargain with the Marine
Corps when your request for discharge was granted and you 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 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,
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