DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SJN
Docket No: 01567-11
28 April 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.
AR three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 26 April 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
Lnjushice .
You enlisted in the Marine Corps and began a period of active
duty on 12 June 1967. The Board found that on 7 October 1968,
you were convicted by summary court-martial (SCM) of 24 days of
unauthorized absence (UA). On ll February 1969, you were
convicted by special court-martial (SPCM) of 38 days of UA.
During the period from 12 November 1969 to 23 April 1970, you had
three periods of UA totaling 97 days. On 8 May 1970, you
submitted a written request for a good of the service discharge
in order to avoid trial by court-martial for 97 days of UA.
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
10 June 1970, 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, Vietnam combat service, and current medical condition.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge given
your misconduct that resulted in convictions by SCM and SPCM,
charges being preferred to a court-martial for periods of UA
totaling over three 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.
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,
eK
F
Executive redfor
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