DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BJG
Docket No: 2643-11
1 December 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 29 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 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 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 9
August 1972. You received nonjudicial punishment on two
occasions and were convicted by a special court-martial. Your
offenses included four periods of unauthorized absence (UA)
totaling 36 days. You then requested an under conditions other
than honorable (OTH) discharge for the good of the service to
avoid trial by court-martial for five periods of UA totaling 72
days and escaping from lawful custody. 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 24 March 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. Nevertheless, the Board concluded that these factors
were not sufficient to warrant recharacterization of your
discharge due to your periods of UA that totaled over two
months 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,
W. eS
Executive or
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