DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 3722-10
24 January 2011
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10, 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 12 January 2011. The names and votes of the
members of the panel will be furnished upon request. 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 Corp and began a period of active duty
on 19 December 1972 at age 17. You received nonjudicial
punishment (NJP) on two occasions for two instances of
unauthorized absence (UA) from your unit for a period totaling 34
days and sleeping on post. On 15 June 1973 you were UA from your
unit for a period of 156 days until you were apprehended and
returned to military control on 18 November 1973. On 18 December
1973, you were UA from your unit until you surrendered on
25 September 1974, a period of 281 days. On 4 October 1974, you
were UA from your unit until you surrendered on 8 June 1975, a
period of 247 days. On i July 1975 you were again UA from your
unit until 7 duly 1975, a period of six days. On 23 July 1975,
you submitted a written request for an other than honorable (OTH)
discharge in order to avoid trial by court-martial for the
foregoing charges of UA. Prior to submitting this request you
conferred with a qualified military lawyer at which time you were
advised of your rights and warned of the probable adverse
consequences of accepting such a discharge. Your request was
granted and the separation authority directed your OTH discharge.
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. On
8 August 1975, you were discharged under OTH conditions.
The Board, in its review of your entire record and application
carefully weighed all potentially mitigating factors, such as
your youth and overall record of service. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge given the seriousness of
your misconduct that resulted in two NJPs, periods of UA that
totaled 23 months, and request for discharge. The Board believed
that considerable clemency was extended to you when your request -
for discharge to avoid trial by court-martial was approved.
Further, the Board 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. Finally, there is no provision of law or in Navy
regulations that allows for the recharacterization of service due
solely to the passage of time. Accordingly, your application has
been denied. The names and votes of the members of the panel
will be coEanehedupoe request.
It is regrett that the circumstances of your case are such that
favorable acti n annot be taken. You are entitled to have the
oard reconsider its decision upon submission of new and material
Weidence or other matter not previously considered by the Board.
Tn 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
Executive
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