DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SJN
Docket No: 08897-09
27 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 23 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 and began a period of active
duty on 19 September 1967 at age 17. The record reflects that
you received six nonjudicial punishment’s (NUJP’s), and submitted
a written request for a good of the service discharge in order to
avoid trial by court-martial for a period of unauthorized absence
(UA) totaling 234 days. Prior to submitting this request for
discharge, 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. Your request for
discharge was granted and on 21 August 1970, you received an
other than honorable discharge for the good of the service in
lieu of 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 application, carefully weighed
all potentially mitigating factors, such as your youth and record
of service. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of your misconduct that resulted in six NUP’s, charges
being preferred to a court-martial for a period of UA totaling
over seven months, and your request for discharge. 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,
\5 fi
Dp
W. DEAN PFEAF
Executive D or
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