DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 3584-09
12 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 21 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 ali 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 25 January 1968 at agé 19. On 28 August 1968, you
received nonjudicial punishment. (NUP) for a ten day period of
unauthorized absence (UA) from your unit. On 17 September 1968,
you received NUP for UA from your appointed place of duty and
disobeying a lawful order. On 22 November 1968, you received NUP
for UA from you appointed place of duty. On 3 June 1969, you
were convicted by special court-martial (SPCM) of three instances
of assault. On 10 November 1969, you were convicted by SPCM of
two instances of assault and communicating a threat. On 10
November 1970, you were charged for the wrongful use of
marijuana. On 4 May 1970, you submitted a written request to be
discharged for the good of the service to avoid trial by court-
martial for the wrongful use of marijuana. You conferred with a
qualified military lawyer, were advised of your rights, and
warned of the probable adverse consequences of accepting such a
discharge. On 4 May 1970, your commanding officer forwarded his
recommendation that you be discharged for the good of the service
with an other than honorable (OTH) discharge. On 9 May 1970, the
separation authority approved an OTH discharge for the good of
the service. On 28 May 1970 you were 8O discharged. As a resuit
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 given your three NJP’s, two SPCM's and 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,
\n!
. DEAN PFE
Executive D
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