DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 8694-08
21 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 20 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 health record, 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 3 November 1971. On 5 January 1972,
you received nonjudicial punishment for a six day period of
unauthorized absence (UA). On 4 August 1972, you received a
summary court-martial for a 34 day period of UA. On
27 June 1973, 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 a
UA totaling approximately 132 days. 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 6 July 1973,
you received the OTH discharge for the GOS to avoid trial by
court-martial, and were assigned an RE-3B reenlistment code.
The Board, in its review of your entire record, carefully
considered all potential mitigation, such as your youth and
frustration with service in the Marine Corps. However, the
Board concluded that these factors were not sufficient to
warrant recharacterizing your OTH discharge because of your
commission of very serious misconduct. 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,
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