DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 6276-09
2 June 2010
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 1 June 2010. The names and votes of the members
of the panel will be furnished upon request. 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
Lojvetice .
You enlisted in the Marine Corps Reserve on 31 May 1975 at age 19
and began a period of active duty on 28 November 1975. On 12
December 1975 you received nonjudicial punishment (NUP) for
absence from your appointed place of duty.
During the period from 1 June to 13 December 1976 you were in an
unauthorized absence (UA) status on two occasions. On both
occasions you were declared a deserter and all of the charges
were referred for trial by court-martial. As a result, on 14
January 1977, you submitted a written request for an other than
honorable discharge in order to avoid trial by court-martial for
the foregoing periods of UA totalling 174 days. Prior to
Submitting this request you conferred with a qualified military
lawyer at which time you were advised of your rights and warned
of the probable adverse consequences of accepting such a
discharge. Subsequently, your request was granted and the
commanding officer was directed to issue you an other than
honorable discharge by reason of the good of the service. 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. On 9 February 1977 you
were issued an other than honorable discharge.
The Board, in its review of your entire record and application
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade your discharge. It also
considered your assertion that you could not adequately serve
because of a head injury. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge because of the seriousness of your repetitive
misconduct which resulted in a NUP and lengthy periods of UA
which resulted in your request for discharge. The Board believed
that considerable clemency was extended to you when your request
for discharge to avoid trial by court-martial was approved.
Further, the Board concluded that you received the benefit of
your bargain with the Marine Corps when your request Lor
discharge was granted and you should not be permitted to change
it now. Finally, there is no evidence in the record, and you
submitted none, to support your assertion. Accordingly, your
application has been denied.
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,
\S
W. DEAN P
Executive
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