DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 02159-09
17 December 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 15 December 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 29 October 1965, at age 18. On 12 April 1966, you were
convicted at a special court-martial (SPCM) for wrongful
possession of marijuana. You were sentenced to forfeiture of
$180, and confinement at hard labor for three months. oOn
12 October 1966, you were convicted at a SPCM for a period of
unauthorized absence (UA) of 41 days. On 19 May 1967, you were
convicted at your third SPCM for an additional period of UA
totaling 33 days. On 29 December 1967, you entered numerous
periods of UA totaling 805 days. Subsequently, upon your return,
you submitted a request for an other than honorable discharge in
order to avoid trial by court-martial for the lengthy periods of
UA. 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 you received an other than honorable discharge 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 discharge authority directed an other than honorable
discharge by reason of for the good of the service based on your
request. On 19 June 1970, you were so discharged. At that time
you were assigned an RE-4 reenlistment code.
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 found that
these factors were not sufficient to warrant recharacterization
of your discharge, given your record of three convictions at
SPCM’s for serious offenses. 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. Further you are advised that there
is no provision in the law or Navy regulations that allow for
recharacterization of your discharge automatically due solely to
the passage of time. 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,
\o Dead
W. DEAN PFET
Executive Di}
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