DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 11640-09
6 August 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 4 August 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 January 1976, at age 17. On 15 February 1977, you
received nonjudicial punishment (NJP)' for being in an
unauthorized absence (UA) status for two days. On 27 March 1977,
you commenced a period of UA which lasted 94 days. On 16 August
1977, you received NUP for violation of a lawful general order by
wrongfully possessing marijuana. On 22 August 1977, you received
NIP for disobeying a lawful order, and being disrespectful toward
a superior noncommissioned officer. On 19 September 1977, you
commenced an additional period of UA which lasted 179 days.
Subsequently, on 30 March 1978, you submitted a written request
for an other than honorable discharge in order to avoid trial by
court-martial for a period of UA totaling over nine months.
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
6 April 1978, you received an other than honorable discharge 1.2
lieu of trial by court-martial. Asa 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
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge, given your record of three NJP’s 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,
\Susey
W. DEAN PFE
Executive D ee
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