DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 10774-10
29 June 2011
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10, 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 22 June 2011. The names and votes of the members
of the panel will be furnished upon request. 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 navai 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 12 January 1972 at age 18. On 31 January 1972, you
received nonjudicial punishment (NJP) for failure to obey a
lawful order. On 31 duly 1972, you received NUP for unauthorized
absence (UA) from your unit for a period of three days. On
31 August 1972 you were apprehended by the Oceanside, California
police, confined in Oceanside City jail and charged with strong
armed robbery. You were returned to military control on
1 September 1972. You received NUP on four more occasions for
two instances of disobeying a lawful written order, willfully
damaging government property (valued at $20.00), and operating a
privately owned vehicle without registration, operator’s permit
or insurance. On 28 January 1974 you submitted a written request
for an other than honorable (OTH) discharge in order to avoid
trial by court-martial for four instances of failure to go to
your appointed place of duty, insubordinate conduct toward a
superior noncommissioned officer, escaping from arrest, damage of
government property, and two instances of assault. 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 OTH discharge. On 23 April 1974 you were separated
with a discharge under OTH conditions. 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 réview of your entire record and application
Scaréfully weigheg all potentially mitigating factors, such as
your youth and overall record of service. Nevertheless, the
“Board conclided these factors were not sufficient to warrant
‘recharacterization of your discharge given the seriousness of
your misconduct that resulted in six NUJPs, 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 it now. Accordingly, your application has
been denied. The names and votes of the members of the panél
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,
\ Qed
W. DEAN PF
Executive D tor
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