DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 48-09
1 October 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 30 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
- ansufficient to establish the existence of probable material |
error or injustice. The Board found that you entered active.
duty in the Marine Corps on 20 May 1970. On 19 November 1970,
after consulting with a qualified military counsel, you
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 71 days and breaking restriction.
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 request
was approved, and on 16 December 1970, 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 and
marital problems. 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 vwpon 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 PFEXFRRR
Executive Divector
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