DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DBC 20370-5100
BIG
Docket No: 1831-11
9 November 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 8 November 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 ali 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Marine Corps and entered active duty on 19
July 1972. You received nonjudicial punishment on two
occasions and were convicted by a special court-martial. Your
offenses included a seven day period of unauthorized absence,
willful disobedience of an order (four specifications), and
disrespect. You later requested an under conditions other than
honorable (OTH) discharge for the good of the service to avoid
trial by court-martial for larceny from a Marine Corps
Exchange. At that time, you consulted with qualified military
counsel and acknowledged the adverse consequences of receiving
such a discharge. The separation authority approved your
request for an under conditions OTH discharge. On 22 January
1976, you were separated with an under conditions OTH discharge
for the good of the service to avoid 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 entire record, carefully
considered all potentially mitigating factors, such as your
youth and current desire to upgrade your discharge.
Nevertheless, the Board concluded that these factors were not
sufficient to warrant recharacterization of your discharge due
to your acts of misconduct and request for discharge.
Furthermore, the Board believed that considerable clemency was
extended to you when your request for discharge to avoid trial
by court-martial was approved. It was also clear to the Board
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. You are advised that no
discharge is automatically upgraded due merely to the passage
of time or post service good conduct. In view of the above,
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,
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