DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 26370-5100 REC
Docket No: 12074-09
12 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 11 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 July 1968. On 24 April 1969, you were arrested by
civil authorities for possession of hypodermic needles. On
13 May 1969, you were convicted by special court-martial (SPCM)
for being in an unauthorized absence (UA) status for a period of
82 days. You were sentenced to forfeitures of $135, reduction in
pay grade and confinement at hard labor for three months. On
2 April 1969, you then began a period of UA which lasted 96 days.
On 13 August 1969, you began your third period of UA which
lasted 210 days. Upon your return, on 17 April 1970, you
submitted a written request for an other than honorable discharge
in order to avoid trial by court-martial for the periods of UA
totaling 306 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 11 May 1970, you received an other
than honorable discharge 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
overall record of service. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge because of your misconduct, and request for
gGischarge. The Board believed that considerable clemency was
Bie Bose to you when your request for discharge was approved.
he Board also concluded that you received the benefit of your
sargain with the Marine’ Corps when your request for discharge was
granted and should not be permitted to change it now.
Becordingly, 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,
Lo}
W. DEAN PFE
Executive Di Yr
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