DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 06650-10
17 Mareh 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 16 March 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 2 February 1972. On 23 December 1974, you received
nonjudicial punishment (NUP) for being in an unauthorized absence
(UA) status for 42 days. On 28 February 1975, you received NUP
for being absent from your appointed place of duty. On 7 March
1975, you commenced a period of UA which lasted three days. On
21 March 1975, "yeu received NIP for four incidents of failure to
go to your appointed place of duty. Your misconduct continued as
you commenced a period of UA on 24 April 1975, which lasted 76
days. On 17 July 1975, you submitted a request for a good of the
service discharge to avoid trial by court-martial for being UA a
total of 79 days. Prior to submitting this request for
discharge, you conferred with a qualified military lawyer, were
advised of your rights, and warned of the probable adverse
consequences of accepting such a discharge. Your commanding
officer forwarded his recommendation that you be discharged under
other than honorable (OTH) conditions for the good of the service
to avoid trial by court-martial. Your request for discharge was
granted and on 17 July 1975, you received an OTH discharge for
the good of the service in lieu of trial by court-martial. Asa
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. At that time you were
assigned an RE-4 reenlistment code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, conduct
and performance, and overall record of service. Nevertheless,
the Board found that these factors were not sufficient to warrant
* changing the reason or characterization of your discharge, given
your record of three NJP’s, lengthy period of UA, and request for
discharge. *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 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,
\Roondted
W. DEAN PFRYF¥RR
Executive Director
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