DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BIG
Docket No: 7943-08
8 May 2009
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 7 May 2009. 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 and health records, applicable
Statutes, regulations and policies.
After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice. The Board found that you entered active
duty in the Marine Corps on 12 November 1973. On 5 May 1976,
you consulted with a qualified military counsel and requested an
other than honorable (OTH) discharge for the good of the service
(GOS) to avoid trial by court-martial for five specifications of
unauthorized absence (UA) totaling approximately 636 days. Your
record also includes 66 days of UA for which no disciplinary
action was taken. 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.
Your GOS request was approved, and on 15 July 1976, you received
the OTH discharge for the GOS to avoid trial by court-martial,
and were assigned an RE-4 reenlistment code.
The Board, in its review of your entire record, carefully
considered all potential mitigation, such as your desire for
veterans’ benefits. However, the Board concluded that this
factor was not sufficient to warrant recharacterizing your OTH
discharge because of your commission of very serious misconduct.
You are advised that no discharge is automatically upgraded
after the passage of time. Furthermore, the Board believed that
considerable clemency was extended to you when your request for
discharge to avoid trial by court-martial 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 you should not be permitted to change it now.
In view of the above, 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,
Executive D or
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