DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
, WASHINGTON DC 20370-5100 REC
Docket No: 03043-09
‘ February 2010
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 26 January 2010. 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 1 September 1972, at age 17. On 21 June 1973, you
received nonjudicial punishment (NUP) for being in an ©
unauthorized absence (UA) status for 14 days. On 29 June 1973,
you were UA for a period of two days. On i Juiy 1973, you began
a period of UA lasting 119 days, ending on 28 October 1973. On
29 January 1974, you were UA for a period of 297 days. You
continued this pattern on two more occasions, totaling an
additional 136 days UA. Subsequently, on 13 July 1975, you
submitted a written request for a good of the service discharge
in order to avoid trial by court-martial for the 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 on 5 August 1975, 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
periods of UA totaling over 20 months, and request for discharge.
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 naval
regulations that allow for recharacterization 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,
' \os {
W. DEAN PF
Executive Di
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