DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 00948-10
12 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 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 23 June 1972. The Board found that during the period
from 6 September 1972 to 26 April 1974, you received
10 nonjudicial punishments (NJP’s), and were convicted by a
summary (SCM) and a special court-martial (SPCM). On 9 July
1974, you submitted a written request for a good of the service
discharge in order to avoid trial by court-martial for absence
from your appointed place of duty, 14 specifications of failing
to sign-in for restriction, disobedience, and two specifications
of the use of provoking words. 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 24 July 1974, you received an
undesirable discharge due to unfitness for the good of the
service 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 10 NJP’s, convictions by
SCM and SPCM, charges being preferred to a court-martial for
serious offenses, 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*tupon 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, 7
\ oa
W. DEAN P
Executive Artor
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