DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 11487-10
4 Bugust 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 2 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.
Bfter 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 19 February 1974. The Board found that you received
six nonjudicial punishments (NUP‘s) for three instances of
disobedience, unauthorized absence (UA), two instances of absence
from your appointed place of duty, and assault. You also were
convicted by special court-martial (spcmM) of assault, and by
civil authorities of driving under the influence of alcohol.
Additionally, you were counseled and warned after your third NJP
that further misconduct could result in administrative ‘discharge
action. On 18 April 1978, you submitted a written request for a
good of the service discharge in order to avoid trial by court-
martial for two periods of UA totaling 388 day. Prior to
submitting this request for discharge, you conferred with a
qualified military lawyer, were advised of your rights, and were
warned of the probable adverse consequences of accepting such a
discharge. Your request for discharge was granted and on 12 May
1978, you received an other than honorable discharge for the good
of the service in lieu of 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 application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service, and post service medical issues. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge given your six NUP’s, SPCM,
civil conviction, charges being preferred to a court-martial for
periods of UA totaling over 12 months, and request for discharge.
The Board believed that considerable clemency was extended to you
when your request for discharge was approved. The Board also
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 panel will be furnished upon request.
Tt 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,
leant
W. DEAN PF R
Executive ettor
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