DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 3390-09
28 January 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 13 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 17 March 1972 at age 23. On 24 August 1972, you received
nonjudicial punishment (NUP) for a two day period of unauthorized
absence (UA) from your unit. On 30 November 1972, you received
NUP for a 21 day period of UA from your unit. On 15 December
1972, you began a 121 day period of UA from your unit until you
surrendered on 15 April 1973. On 11 June 1973, you began a nine
‘day period of UA from your unit until you surrendered on 20 June
1973. On 21 July 1973, you were UA from your unit for one day
until you surrendered on 22 July 1973. On 7 August 1973, you
submitted a written request for a good of the service discharge
in order to avoid trial by court-martial for the above listed
periods of UA. You conferred with a qualified military lawyer,
you were advised of your rights, and warned of the probable
adverse consequences of accepting such a discharge. On 13 August
1973, your commanding officer forwarded his recommendation that
you be discharged for the good of the service with an undesirable
discharge. On 28 August 1973, the separation authority directed
an undesirable discharge for the good of the service. On 14
September 1973 you were so discharged. 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 your
overall record of service. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge given your two NUP’s, periods of UA totaling
over five months and your request for discharge to avoid trial.
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. 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,
Lay Dead e
W. DEAN PFE
Executive Director
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