DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BIG
Docket No: 12379-10
L7 August 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 16 August 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 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 2
February 1972. You were convicted by civil authorities and a
special court-martial (SPCM), and received nonjudicial
punishment on seven occasions. Your offenses included
disturbing the peace, wrongful possession and sale of weapons,
four specifications of unauthorized absence (UA) totaling more
than two days, failure to be at your appointed place of duty
(two specifications), sleeping on post, absence from your
appointed place of duty, and larceny of government property
valued at $235.00. Your sentence at your SPCM included a bad
conduct discharge, which was suspended for six months. On 2
August 1976, you requested an under conditions other than
honorable (OTH) discharge for the good of the service to avoid
trial by court-martial for a 128 day period of UA. 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 20 August 1976, 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 desire to upgrade your discharge. Nevertheless, the
Board concluded that these factors were not sufficient to
warrant recharacterization of your discharge due to your
serious acts of misconduct 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,
won).
W. DEAN: PFEIFFER
Executive Dir
2
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