DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1004
ARLINGTON, VA 22204-2490
REC
Docket No: 02723-11
17 January 2012
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 13 January 2012. 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 on 7 February 1974, at the age
of 18. On 20 May 1974, you received counseling concerning the
various types of discharges. On 10 September 1974, you received
nonjudicial punishment (NJP) for being in an unauthorized
absence (UA) status for seven days. On 25 November 1974, you
received NUP for being UA for 58 days. On 21 January 1975, you
received NIP for being UA for two days. On 2 June 1975, you
were counseled and informed that any further misconduct would
result in discharge proceedings. On 27 June 1975, you received
NOP for being absent from your appointed place of duty. On 29
April 1975, you were convicted by a special court-martial (SPCM)
of being UA on two occasions totaling 32 days. You were
sentenced to forfeiture of $200, and confinement at hard labor
for two months. On 12 February 1976, you submitted a request
for a good of the service discharge in order to avoid trial by
court-martial for three incidents of failure to go to your
appointed place of duty, being UA for 95 days, two incidents of
failure to obey a lawful order, and being disrespectful toward
your senior noncommissioned officer. 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 and
you acknowledged the purpose and scope of the Naval Discharge
Review Board and the Board for Correction of Naval Records.
Your request for discharge was granted and on 2 March 1976, you
received an other than honorable discharge (OTH) for the good of
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 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 because of your misconduct, 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.
Further, you are advised that there is no provision in the law
or Navy regulations that allows for automatic recharacterization
of your discharge 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 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,
WD Spoors
W. DEAN P
Executive rector
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