DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 07613-10
18 October 2010
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 13 October 2010. 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 27 September 1967. The Board found that on 11 July 1969,
you were convicted by summary court-martial (SCM) of a 13 day
period of unauthorized absence (UA). On 16 February 1970, you
were convicted by a special court-martial (SPCM) of four
specifications of UA totaling 82 days. During the period from
6 June 1970 to 7 March 1971, you had two periods of UA totaling
135 days. Subsequently, you submitted a written request for a
good of the service discharge in order to avoid trial by court-
Martial for the two periods of UA. 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 3 May 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.
ite,
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and record
of service. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
given your misconduct that resulted in convictions by SCM and
SPCM, charges being preferred to a court-martial for a periods of
UA totaling over four months, 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 change it now. Accordingly, your
appligation has been denied. The names and votes of the members
of tW®e*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,
\pDeaS C1
W.
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