DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BIG
Docket No: 10434-09
30 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 29 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 21 September 1973. You received
nonjudicial punishment on six occasions for failure to go to
your appointed place of duty (two specifications), disobeying a
lawful order (two specifications), disrespect (two
specifications), sleeping on watch, failure to obey a lawful
order, and using provoking speech. On 24 February 1975, you
requested an undesirable discharge (UD) for the good of the
service to avold trial by court-martial for disobeying a lawful
order (two specifications}, disrespect, and threatening to do
bodily harm. 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 a UD. On 19 March 1975, you were separated
with a UD 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
medical problems. 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,
\wv 5 y
W. DEAN PF
Executive Director
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