DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5160
TAL
Docket No: 7236-09
1 June 2010
x ARTE phe t ete
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 27 May 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. The Board found you enlisted in the Marine Corps and
began a period of active duty on 11 May 1970 at age 18. You
received nonjudicial punishment (NJP) on five occasions, one
summary court-martial (SCM) and one special court-martial (SPCM)
for three instances of assault, disrespect to a superior
noncommissioned officer, unauthorized absence (UA) for 364 days,
and absence from your appointed place of duty. On 10 September
1973, you were UA from your unit until you were apprehended by
Civil authorities and returned to your command on 23 October
1973. On 26 November 1973, you began another period of UA which
ended when you were apprehended on 20 June 1974 by civil
authorities in Gary, Indiana, while attempting a robbery of
Holmes liquor store; and you received a gunshot wound in your
left thigh. On 25 June 1974, 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 23 October 1974
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
resuited in five NUPs, one SCM, one SPCM, periods of UA that
totaled over one year and eight months, 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,
sale
Executive \Di tor
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