DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 11111-08
3 September 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 2 September 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 7 December 1971. You received
nonjudicial punishment on one occasion for an unauthorized
absence (UA) of 25 days. On 21 August 1973, you were referred
to a general court-martial for 275 days of UA. On
8 October 1973, while awaiting trial, you entered another
period of UA which ended with your apprehension on
8 December 1976, a period of 1,156 days. On
9 December 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 an unauthorized absence totaling 1,156 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 14 December 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 youth,
alcohol problems, and post service good conduct. 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.
Consequentiy, 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 PFE
Executive Di r
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