DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 03564-07
18 January 2008
Dea ae
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 16 January 2008. 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 30 April 1974 at age 23.
During the period from 22 October 1974 to 10 October 1975, you
received three nonjudicial punishments (NJP’s) for periods of
unauthorized absence (UA) totaling 40 days. You were also
convicted by summary court-martial (SCM) of a 42-day period
of UA.
Based on the information currently contained in your record it
appears that your commanding officer forwarded his recommendation
for separation to the discharge authority. However, on
18 December 1975 you, began another period of UA that lasted 112
days, ending on 8 April 1976. on 14 April 1976 you submitted a
written request for a good of the service discharge in order to
avoid trial by court-martial for the UA period. 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.
rot nance ath atta die
Your request for discharge was granted and on 12 May 1976 you
received an other than honorable discharge for the good of the
service in lieu of trial by court-martial. 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.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and overall record of service. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge because of your misconduct
that resulted in three NJP’s, a SCM conviction, charges being
preferred to a court-martial for a period of UA totaling over
three months, and especially 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 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,
\Qou st 02
W. DEAN PF
Executive Di
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