DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 8088-09
29 April 2610
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 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice. The Board found that you entered active
duty in the Marine Corps on 30 November 1973. You received
nonjudicial punishment on two occasions for cheating on an
examination, unauthorized absence (UA), failure to obey a
lawful order, and disrespect toward a noncommissioned officer.
On 15 October 1975, you requested an other than honorable (OTH)
discharge for the good of the service to avoid trial by court-
martial for a UA totaling 168 days. At that time, you
consulted with qualified military counsel and acknowledged the
adverse consequences of receiving such a discharge. The
separation authority approved your request for an OTH
discharge. On 7 November 1975, you were separated with an OTH
discharge for the good of the service to avoid trial by court-
martial. 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 entire record, carefully
considered all potential mitigation, such as your youth and
personal problems. Nevertheless, the Board concluded that
these factors were not sufficient to warrant recharacterization
of your discharge due to the lengthy period of UA and other
misconduct. Furthermore, the Board believed that considerable
clemency was extended to you when your request for discharge to
avoid trial by court-martial was approved. It was also clear
to the Board 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. In view of the
above, 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,
Yo) es
W. me Medd
Executive Diteltto
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