DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 09065-10
5 May 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 4 May 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 18 September 1972. On 8 February 1973, you received
nonjudicial punishment (NJP) for two incidents of being in an
unauthorized absence status. On 25 March 1973, you received NUP
for being disrespectful in language toward a noncommissioned
officer and a commissioned officer. On 10 June 1973, you
received NUP for being UA. On 9 November 1973, you were
convicted by a special court-martial (SPCM) of two incidents of
assaulting a fellow Marine, eight incidents of being UA totaling
58 days, two incidents of disobeying a lawful order, and breaking
restriction. You were sentenced to forfeitures of $800,
reduction in pay grade, and confinement at hard labor for four
months. On 28 February 1974, you received NUP for a seven day UA
period. On 22 May 1974, you submitted a request for a good of
the service discharge to avoid trial by court-martial for being
in a UA status for 50 days, disobeying a lawful order, and being
disrespectful toward a commissioned officer. Brier 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 request for discharge was granted and on 25 June 1974, you
received an other than honorable (OTH) 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. 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 four NJP’s, conviction by one SPCM, and your
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,
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