DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 1754-10
3 November 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 2 November 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. You had over six years of honorable
service in the Army and Army Reserve when you entered active
duty in the Marine Corps on 27 July 1972. You were convicted
by a special court-martial of unauthorized absence ((UA) two
specifications totaling 105 days). You later requested an
under conditions other than honorable (OTH) discharge for the
good of the service to avoid trial by court-martial for a UA
(875 days). At that time, you consulted with qualified
military counsel and acknowledged the adverse consequences of
receiving such a discharge. The separation authority approved
your request for an under conditions OTH discharge. On 14
March 1979, you were separated with an under conditions 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
The Board, in its review of your entire record, carefully
considered all potential mitigation, such as your youth,
Vietnam service, and prior honorable discharges. Nevertheless,
the Board concluded that these factors were not sufficient to
warrant recharacterization of your discharge due to your
ere periods of UA. Furthermore, the Board believed that
nsiderable clemency was extended to you when your request for
@ischarge to avoid trial by court-martial was approved. It was
also clear to the Board 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. 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,
WW Men Seb}
W. DEAN PFE
Executive Di
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