DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 10178-09
22 July 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 20 July 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 30 December 1976. The Board found that you received
nonjudicial punishment (NJP) for being incapacitated for duty,
were convicted by a summary court-martial (SCM) of a 61 day
period of unauthorized absence (UA) and breaking restriction.
Additionally, you submitted a written request for a good of the
Service discharge in order to avoid trial by court-martial for a
151 day period of UA. 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 20 October 1978, you received an
other than honorable discharge for the good of the service in
lievw 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 an NUP, conviction by
SCM, charges being preferred to a court-martial for a period of
UA totaling over five months, and 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,
\ Wea
W. DEAN P R
Executive
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