DEPARTMENT OF THE NAVY
BOARD FOR GORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 11031-1060
20 July 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 19 July 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 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 on 25 January 1974 at age i9 and
served without disciplinary incident until 9 September 1974, when
you received nonjudicial punishment (NJP) for a two day period of
unauthorized absence (UA). About two months later, on 29
November 1974, you received NIP for being incapacitated for duty
due to overindulgence in liquor. .
On 7 July 1975 you received your third NJP for a one day period
of UA and were awarded a $75 forfeiture of pay and restriction
for 14 days. During the period from 27 July to 20 November 1975
you were UA on two more occasions. As a result, on 31 December
1975, you submitted a written request for an other than honorable
discharge in order to avoid trial by court-martial for the two
foregoing periods of UA totalling 102 days. 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.
Subsequently, your request was granted and the commanding officer
was directed to issue you an other than honorable discharge by
reason of the good of the service. 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. On 30 January 1976 you were issued an other than
honorable discharge.
The Board, in its review of your entire record and application
carefully weighed all potentially mitigating factors, such as
, your youth and desire to upgrade your discharge. It also
. considered your assertion of suffering from post traumatic stress
disorder (PTSD). . Nevertheless, the Board concluded these factors
were not sufficient to warrant recharacterization of your
discharge because of the seriousness of your repetitive
misconduct which resulted in three NUJPs and two lengthy periods
of UA from the Marine Corps, which also resulted in your 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 you should not be
permitted to change it now. Finally, there is no evidence in the
record, and you submitted none, to support of your assertion of
suffering from PTSD. Accordingly, your application has been
denied.
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,
loTpa.w
I R
Executive rector
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