DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SJN
Docket No: 03409-10
2 February 2011
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 1 February 2011. 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 11 January 1971. The Board found that you received
nonjudicial punishment (NJP) for unauthorized absence (UA), were
convicted by two summary courts-martial (SCM’s) of two periods of
UA totaling 28 days, and submitted a written request for a good
of the service discharge in order to avoid trial by court-martial
for willful disobedience of a commissioned officer. 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
12 October 1971, you received an other than honorable discharge
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, record of
service and belief you should have been discharged due to
contracting hepatitis. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of your
discharge given your misconduct that resulted in NUP, two SCM
convictions, charges being preferred to a court-martial fora
serious offence, 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 chande it now. Finally, a review of your record
revealed a medical €ntry covering the period from 6 February to
5 March 1971, that diagnosed you with infectious hepatitis that
existed prior toywyour entry onto active duty. 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,
W. DEAN PF R
Executive rector
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