DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 11131-10
25 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 14 July 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 on 6 November 1972, and served
without disciplinary incident until 5 January 1973, when you .
received nonjudicial punishment (NJP) for unauthorized absence
(UA). Shortly thereafter, you received the following NJP’s: on
30 August 1973, for a general order violation; on 1 November
1973, for being absent from your appointed place of duty; on 12
December 1973, for dereliction of duty; and on 7 May 1974, for
UA. Furthermore, you were pending a court-martial for larceny and
writing checks with insufficient funds totaling $997.00.
However, you requested through counsel, to be separated to escape
a trial by court-martial. Your request was approved and on 6
September 1974, you were separated with an other than honorable
(OTH) discharge and an RE-4 reenlistment code, in lieu of a trial
by court-martial. As a result of this action, you were spared
the stigma of 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 and application,
carefully weighed all potentially mitigating factors, such as
your youth and claim that the charges against you were later
found to be false (however, you have provided no substantiation
for that claim). Therefore, the Board concluded these factors
were not sufficient to warrant recharacterization of your
discharge because of the seriousness of your misconduct.
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 clear to the Board 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. 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,
loNoy ,
W. DEAN
Executive elctio
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