DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BIG
Docket No: 10909-1090
21 duly 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 July 2011. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of
thig 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 enlisted in the Marine Corps and entered active duty on 28
February 1974. You received nonjudicial punishment on three
occasions for failure to obey a lawful order (two ;
specifications), and two periods of unauthorized absence (UA)
totaling 16 days. You then requested an under conditions other
than honorable (OTH) discharge for the good of the service to
avoid trial by court-martial for a period of UA totaling 226
days. 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 22 November
1975, 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 potentially mitigating factors, such as your
youth and allegation that your misconduct was minor.
Nevertheless, the Board concluded that these factors were not
sufficient to warrant recharacterization of your discharge due
to your lengthy periods of UA totaling more than seven months
and request for discharge. 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 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,
\ Qn Abel
W. DEAN PFE E
Executive Di CO
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