DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 08107-08
25 dune 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 16 June 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 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 and began a period of active
duty on 30 March 1972 at age 17. During the period from
12 September 1972 to 8 June 1973, you received four nonjudicial
punishments (NJP’s) for four periods of unauthorized absence (UA)
totaling 36 days. On 7 August 1973, you were convicted by
special court-martial (SPCM) of 8 days of UA, disrespectful
language and breaking restriction.
On 26 October 1973, you submitted a written request for a good of
the service discharge in order to avoid trial by court-martial
for two periods of UA totaling 15 days, failure to go to your
appointed place of duty, two specifications of disobedience, and
breaking restriction. 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 19 December 1973,
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
four NUP’s, a conviction by SPCM, and charges being preferred to
a court-martial. 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,
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