DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 08438-07
21 August 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 19 August 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 23 March 1972 at age 17. On
30 March 1972, you received nonjudicial punishment for two
specifications of disobedience. On 27 December 1972, you were
convicted by summary court-martial (SCM) of five instances of
unauthorized absence (UA) totaling 88 days. You were sentenced
to confinement at hard labor and a forfeiture of pay.
During the period from 26 February 1973 to 8 December 1974, you
had six periods of UA totaling 527 days. On 16 December 1974,
you submitted a written request for a good of the service
discharge in order to avoid trial by court-martial for the UA
periods. 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 6 March 1975 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, overall
record of service, and contentions of inadequate counsel and
medical issues. Nevertheless, the Board concluded these factors
and contention were not sufficient to warrant recharacterization
of your discharge because of your misconduct that resulted in one
NJP, a SCM conviction for almost three months of UA, charges
being preferred to a court-martial for periods of UA totaling
over 17 months, 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. Concerning your contention, there
is no evidence in the record to support them, and you submitted
no such evidence. 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,
VRS. f—2—
ROBERT D. SALMAN
Acting Executive Director
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