DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 04010-07
4 February 2008
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10 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 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 3 June 1968 at age 17.
During the period from 2 January 1969 to 11 May 1970, you
received four nonjudicial punishments (NJP’s) for three instances
of absence from your appointed place of duty, two instances of
disobedience, and breaking restriction.
On 25 May 1970, you began a period of unauthorized absence (UA)
that lasted 187 days, ending on 12 December 1970. On 8 January
1971, 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.
Your request for discharge was granted and on 29 January 1971 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, overall record of service and belief that your
discharge would be automatically upgraded. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge because of your misconduct
that resulted in four NJP’s, charges being preferred to a court-
martial for a period of UA totaling over six months, and
especially your request for discharge to avoid trial. 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. Further, you are advised that there is no
provision in the law or Navy regulations that allow for
recharacterization automatically after a period of time or due
solely to the passage of time. 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,
Noun
W. DEAN PF
Executive Di
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