DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 7322-10
29 March 2011
RionaeanaiT ony:
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10, United
States Code, section 1.552.
yr Correction of Naval
Rh three-member panel of the Board fo
considered your
sitting in executive session,
son on 23 March 2011. The names and votes of the members
1 will be furnished upon request. Your allegations of
d in accordance with
Records,
applicat
of the pane
error and injustice were reviewe
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 a sderation of the entire
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
d began a period of active
You received nonjudicial
ubordinate conduct
improper appearance,
stances of failure
You enlisted in the Marine Corps an
duty on 2 January 1975 at age 19.
punishment (NTP) on six occasions for ins
toward a superior noncommissioned officer,
two instances of breaking restriction, seven Trt
to go to your appointed place of duty and unauthorized absence
|
(UA) from your unit. On 7 July 1977, you were UA from your unit
for a period of 11 days until you surrendered on 18 July LOT? 5
On 17 October 1977, you were again UA from your unit for a period
of 182 days until you were returned to military control on 17
April 1978. On 17 May 1978 you made a written request for
discharge for the good of service to avoid court-martial for the
foregoing periods 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 commanding officer directed your other than
honorable (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 31 May 1978, 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
gecharacterization of your discharge given the seriousness of
your misconduct that resulted in six NUPs, periods of UA totaling
@over six 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 Lt
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 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,
lONonce,
W. DEAN PFEYTF
Executive &
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