DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 6011-09
°28 April 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 April 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 on 3 August 1973 at age 18.
From 26 April 1974 through 13 August 1975, you received
nonjudicial punishment (NJP) on seven occasions and one summary
court-martial conviction (SCM) for failure to obey a lawful
order, unauthorized absence (UA) from your unit for periods
totaling 23 days, and willfully disobeying a superior officer.
On 28 November 1975, you were convicted by special court-martial
(SPCM) for UA from your unit for a period of 57 days. On 22
January 1976, you again received NUP for UA from your appointed
place of duty. Based on the information currently contained in
your record it appears that you submitted a written request for a
good of the service discharge in order to avoid trial by court-
martial. You conferred with a qualified military lawyer, were
advised of your rights, and were warned of the probable adverse
consequences of accepting such a discharge. Subsequently, your
commanding officer forwarded his recommendation that you be
discharged for the good of the service with an other than
honorable (OTH) discharge. The separation authority approved an
OTH discharge for the good of the service. On 5 August 1976 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
overall record of service. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct that
resulted in eight NJPs, one SCM, one SPCM 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
how. 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,
Lo Van Ss
W. DEAN PF
Executive eakor
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