DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 818-10
19 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 14 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 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 10 February 1972 at age 19. You received nonjudicial
punishment (NJP) on three occasions for unauthorized absence (UA)
from your unit for periods totaling 12 days. On 9 April 1973 you
were UA from your unit for a period of ten days. On 30 April
1973 you were again UA from your unit for a period of 53 days,
until you were apprehended by civil authorities in Long Beach,
California. On 3 July 1973, you submitted a written request to
be discharged for the good of the service to avoid trial by
court-martial for the periods of UA. 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. Subsequently, your commanding officer forwarded his
recommendation that you be discharged for the good of the service
with an other than honorable (OTH) discharge. On 27 July 1973,
you received the OTH discharge for the good of the service. 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 given the seriousness of your misconduct and
request for discharge to avoid trial. 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. Finally, no discharge is upgraded
merely because of the passage of time or an individual’s good
behavior after discharge. 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,
wad "DEAN
Cersanisiare rector
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