DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100
SIN
Docket No: 12122-10
25 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 om 23 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 applicabie 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 and began a period of active
duty on 1 December 1972. The Board found that you received two
nonjudicial punishments (NJP’s) for two periods of unauthorized
absence (UA) totaling 15 days. On 11 April 1974, you were
convicted by special court-martial (SPCM) of a 61 day period of
UA. On 5 August 1974, you began a period of UA that lasted 455
days, ending on 10 November 1975. On 13 November 1975, you
submitted a written request for a good of the service discharge
in order to avoid trial by court-martial. Prior to submitting
this request for discharge, you conferred with a qualified
military lawyer, were advised of your yights, and warned of the
probable adverse consequences of accepting such a discharge.
Your request for discharge was granted and you received an other
than honorable (OTH) discharge for the good of the service in
lieu of trial by court-martial on 12 January 1976. 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, and
record of service. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge given your two NUP’s, conviction by SPCM of a
lengthy period of UA, and your request for discharge to avoid
trial for a period of UA lasting over 15 months. 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.
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,
Bxecutive xr y
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