DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 07542-07
26 June 2008
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 June 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 July 1976 at age 17. on
4 February 1977, you received nonjudicial punishment (NJP) for an
11 day period of unauthorized absence (UA). You received a
forfeiture of pay, restriction, and extra duty. During the
period from 30 June to 25 August 1977, you had three periods of
(UA) totaling 47 days, and cashed six checks with insufficient
funds totaling $235 at the base exchange. The record also states
that your last period of UA ended with your apprehension. On 3
October 1977, you submitted a written request for a good of the
service discharge in order to avoid trial by court-martial for
the UA periods and bad checks. 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 28 October 1977 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 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
NUP, charges being preferred to a court-martial for periods of UA
totaling over 30 days, writing bad checks, and your request for
discharge. The Board believed that considerable clemency was
extended to you when your request for discharge was approved.
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,
lo Qeaeta,
W. DEAN PFE
Executive D Oo
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