DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SUN
Docket No: 00903-09
4 November 2009
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10 of the United
* BESGES Code, section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 3 November 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 2 August 1973 at age 19. During the period from .
4 January 1974 to 30 January 1974, you received three nonjudicial
punishments (NJP’s) for two periods ef unauthorized absence
totaling 11 days, failure to go to and absence from your
appointed place of duty, and disobedience.
On 25 June 1974, you submitted a written request for a good of
the service discharge in order to avoid trial by court-martial
for disrespect toward an officer, assaulting an officer,
disobedience, and insubordinate conduct. 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 6 July 1974, 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 NUP’s, charges being preferred to a court-martial for a
serious offenses, and request for discharge. The Board believed
that considerable clemency was extended to you when your request
for discharge was approved. It was clear'to the Board 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. 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 decigion 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. Oe PERI
Executive Dire
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