DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 04254-10
14 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 13 January 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
Li UsCILCE
You enlisted in the Marine Corps on 23 February 1972, and served
without disciplinary incident until 10 May 1972, when you
received nonjudicial punishment (NUP) for failing to obey a
lawful order. Shortly thereafter, you received the following
NJP's: on 6 September 1972, for disobeying a lawful order and
communicating a threat; on 31 October 1972, for two
specifications of unauthorized absence (UA); on 9 November 1972,
for two specifications of failing to obey a lawful order and
disrespect; and on 7 December 1972, for lying down on post.
Furthermore, you were in a UA status on two separate occasions
and were pending a court-martial for those charges. You
requested an other than honorable (OTH) discharge for the good of
the service to avoid trial by court-martial. At that time, you
consulted with counsel and acknowledged the consequences of
receiving such a discharge. The separation authority approved
your request for an OTH discharge for the good of the service to
avoid trial by court-martial. On 29 June 1973, you were so
discharged. 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 and application,
carefully weighed all potentially mitigating factors, such as
your claim that your discharge was unjustifiable. Nevertheless,
the Board concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your misconduct. Finally, 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
clear to the Board that you received the benefit of your bargain
with the Marine Corps when your request for discharge was granted
and you 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 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
Executive D
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