DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 00930-10
28 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 26 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 9 November 1972. The Board found that you received
nonjudicial punishment (NUP) for 33 days of unauthorized absence
(UA). On 22 August 1974, you began a period of UA that lasted
208 days, ending on 18 March 1975. On 3 April 1975, you
submitted a written request for an other than honorable discharge
in order to avoid trial by court-martial for that period of UA.
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. Subsequently, your request for discharge was
granted and, on 16 April 1975, 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 record
of service. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
given your misconduct that resulted in NUP for a period of UA
lasting over 30 days, charges being preferred to a court-martial
for a period of UA totaling over six months, and 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,
LD DQoacs
W. DEAN PFI
Executive
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