DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 8439-10
19 April 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 19 April 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You reenlisted in the Marine Corps on 21 February 1974 after
more than four years of honorable service. You requested an
under conditions other than honorable (OTH) discharge for the
good of the service to avoid trial by court-martial for a two
day period of unauthorized absence, unlawful possession of two
handguns, failing to register the handguns, unlawfully carrying
and concealing the handguns, escaping from lawful custody,
wrongful possession of 18 grams of marijuana, and communicating
a threat. At that time, you consulted with qualified military
counsel and acknowledged the adverse consequences of receiving
such a discharge. The separation authority approved your
request for an under conditions OTH discharge. On 7 May 1976,
you were separated with an under conditions OTH discharge for
the good of the service to avoid 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.
The Board, in its review of your entire record, carefully
considered all potential mitigation, such as your youth, prior
honorable service, and allegation that the punishment was too
harsh for the offenses you committed. Nevertheless, the Board
concluded that these factors were not sufficient to warrant
recharacterization of your discharge due to your serious acts
of misconduct. Furthermore, 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
also clear to the Board 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. You
are advised that no discharge is automatically upgraded due
merely to the passage of time or post service good conduct. In
view of the above, 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 efiigial
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,
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