DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
TIR
Docket No: 9060-07
6 November 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 5 November 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 14 September 1972 at age 19.
About nine months later, on 5 June 1973, you received nonjudicial
punishment (NUP) for a 30 day period of unauthorized absence
(UA). On 15 November 1973 you were convicted by special court-
martial (SPCM) of a 63 day period of UA and sentenced to
confinement at hard labor for 45 days and a $200 forfeiture of
pay.
On 25 January and again on 2 February 1974 you received NUP for
absence from your appointed place of duty and breaking
restriction. On 29 August 1974 you were convicted by summary
court-martial (SCM) of a 57 day period of UA and sentenced to a
$150 forfeiture of pay and restriction and hard labor for 40
days.
On 13 September 1974 you began another period of UA that was not
terminated until you were apprehended by civil authorities on 15
January 1975. Asa result, on 14 February 1975, you submitted a
written request for an other than honorable discharge in order to
avoid trial by court-martial for the foregoing 127 day period of
UA. Prior to submitting this request, you conferred with a
qualified military lawyer at which time you were advised of your
rights and warned of the probable adverse consequences of
accepting such a discharge. On 25 February 1975 your request was
granted and your commanding officer was directed to issue you an
other than honorable discharge by reason of the good of the
service. 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. On 7 March
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, post service conduct, and assertion that your
discharge was unjust because it was the result of a conflict with
one of your superiors and your marital problems. Nevertheless,
the Board found the evidence and materials submitted were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your frequent and repetitive
misconduct and your request for discharge to avoid trial by
court-martial for a lengthy period of UA from the Marine Corps.
Further, the Board believed that considerable clemency was
extended to you when your request for discharge to avoid trial by
court-martial was approved. Further, 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. Finally, there is no evidence in the
record, and you submitted none, to support your assertions.
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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