DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BIG
Docket No: 8832-10
10 February 2011
WE ey
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 8 February 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 entered active duty in the Marine Corps on 28 December
1966. On 22 October 1968, you extended your enlistment for two
years to attend a military occupational specialty course. You
later requested an under conditions other than honorable (OTH)
discharge for the good of the service to avoid trial by court-
martial for three specifications of unauthorized absence (UA)
totaling 232 days. At that time, you waived your right to
consult 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 12 January 1970, you were
separated with an under conditions OTH discharge for the good
of the service to avoid 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.
The Board, in its review of your entire record, carefully
considered all potential mitigation, such as your youth and
combat service in Vietnam. Nevertheless, the Board concluded
that these factors were not sufficient to warrant
recharacterization of your discharge due to your three periods
of UA totaling over eight months. 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. 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.
The Board noted that your discharge was upgraded to a general
characterization of service under the Special Discharge Review
program, however, this upgrade does not provide veterans’
benefits.
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,
Lo. Nase
W. DEAN PF E
Executive Director
Copy to:
Clark C. Barnes, Esq.
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