DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100
TAL
Docket No: 141-11
29 September 2011
This ig 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 15 April 1977 at age 18. You received nonjudicial
punishment (NUP) on two occasions for two instances of
unauthorized absence (UA) from your unit for a period totaling
12 days. On 13 January 1978, you were convicted by special
court-martial (SPCM) of two instances of UA from your unit for a
period totaling 48 days and disobeying a lawful written order by
consuming alcohol in an unauthorized area. The sentence imposed
wag hard labor without confinement and a forfeiture of pay. On
30 March 1978, you were in a UA status from your unit until you
surrendered on 25 July 1978, a period of 115 days. On 26 July
1978, you submitted a written request to be discharged for the
good of the service to avoid trial by court-martial for the
forgoing period of UA. You conferred with a qualified military
lawyer, were advised of your rights, and warned of the probable
adverse consequences of accepting such a discharge. The
separation authority approved an OTH discharge for the good of
the service. On 2 August 1978 you were so discharged. As a
resuit 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
overall record of service. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge given your two NUP’s, a SPCM 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, there is no provision of law or in Navy
regulations that allows for recharacterization of service due
solely to the passage of time. Accordingly, your application has
been denied. The names and votes of the members of the panel
will be furnished upon request.
It ig 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,
QoS,
W. DEAN PF
Executive or
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