DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BIG
Docket No: 9406-09
16 June 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 15 June 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 31 January 1973. You received
nonjudicial punishment on four occasions and were convicted by
a special court-martial for failure to obey a lawful order or
regulation, assault of another Marine, unauthorized absence
(UA) (two specifications totaling 280 days), and breaking
restriction. On 1 March 1976, you requested an other than
honorable (OTH) discharge for the good of the service to avoid
trial by court-martial for a UA totaling 62 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 22 March 1976, 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 ofa 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.
Nevertheless, the Board concluded that these factors were not
sufficient to warrant recharacterization of your discharge due
to your serious 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,
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