DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BJG
Docket No: 1797-10
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 entered active duty in the Marine
Corps on 15 May 1967. You received nonjudicial punishment and
were convicted by a special court-martial. Your offenses
included willfully disobeying a lawful order (three
specifications). You later requested an undesirable discharge
(UD) for the good of the service to avoid trial by court-
martial for unauthorized absence (two specifications totaling
313 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 a UD. On 14 March 1979, you were separated with a
UD 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,
Vietnam combat service, and post service good conduct.
Nevertheless, the Board concluded that these factors were not
sufficient to warrant recharacterization of your discharge due
to your misconduct and lengthy periods of UA. 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 bargain 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
automatically upgraded due solely to the passage of time or
post service good conduct. 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 PFE F
Executive Dilréc
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