DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BJG
Docket No: 761-10
5 October 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 5 October 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 6 February 1975. You received
nonjudicial punishment on four occasions for failure to obey a
lawful order (two specifications), sleeping on post, and
willful disobedience of a commissioned officer. On 22 January
1976, you requested an other than honorable (OTH) discharge for
the good of the service to avoid trial by court-martial for
disrespect toward and willful disobedience of a noncommissioned
officer (four specifications), larceny of private property,
unlawful entry with the intent to commit larceny, and receiving
stolen property. At that time, you consulted with a qualified
military counsel and acknowledged the adverse consequences of
receiving such a discharge. The separation authority approved
your request for an OTH discharge. On 10 February 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 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 the
passage of time. Nevertheless, the Board concluded that these
“factors were not sufficient to warrant recharacterization of
your discharge due to your numerous acts of misconduct and
“request for discharge. 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
peraqag.. with the Marine Corps when your request for discharge
was granted ‘and sHould not be permitted to change it now. You
are advised that no discharge is upgraded due merely to the
passage of time. 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,
W. DEAN PF
Executive Ditfettor
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