DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
SIN
Docket No: 08183-08
7 July 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 1 July 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 8 February 1973 at age 18. On 3 and 23 December 1974,
you received nonjudicial punishment (NJP) for a brief period of
unauthorized absence (UA) and disobedience. On 24 April 1975,
you were counseled and warned that further misconduct could
result in administrative: discharge action. However, on 20 May
1975, you received a third NIP for disobedience and a brief
period of UA.
Based on the information currently contained in your record it
appears you submitted a written request for a good of the service
discharge in order to avoid trial by court-martial for a 28 day
period of. UA, and missing movement. 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 11 September 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 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
three NJP’s, charges being preferred to a court-martial, and
your request for discharge to avoid trial. 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, \
W. DEAN PFET
Bxecutive Di
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