DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 137-11
29 September 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 28 September 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 and began a period of active
duty on 20 June 1969 at age 21. You received nonjudicial
punishment (NUP) on four occasions for insubordinate conduct
toward a noncommissioned officer, and three instances of
unauthorized absence (UA) from your unit that totaled a period of
mine days. On 25 August 1972, you were convicted by special
court-martial (S$PCM) of three instances of UA from your unit for
a period totaling 38 days. The sentence imposed was hard labor
without confinement for 30 days, restriction for 30 days,
reduction in paygrade and a forfeiture of pay. On 15 September
1972, you were again UA from your unit until you surrendered on 8
January 1975, a period of 845 days. You submitted a written
request to be discharged for the good of the service to avoid
trial by court-martial for the period of UA. 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. On 8 January 1975 the separation authority
approved and directed an other than honorable (OTH) discharge for
the good of the service and you were so discharged. On 19
December 1975, your enrolment in the Reconciliation Service
Program, in accordance with your agreement of 8 January 1975, was
terminated due to your failure to complete the required period of
alternate service.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
Vietnam service, Nevertheless, the Board concluded these factors
were not sufficient to warrant recharacterization of your:
discharge given the seriousness of your misconduct that resulted
in over two years and five months of UA from your unit and
request for discharge to avoid trial. 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. Finally, the Board noted your
failure to complete the agreed upon 12 months of alternate
service. 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,
\ sen),
W. DEAN PFE B
Executive Dikeéc
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