DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1004
ARLINGTON, VA 22204-2490
SUN
Docket No: 09609-11
15 February 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 14 February 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 and began a period of active
duty on 2 October 1969. The Board found that on 20 November
1970, you submitted a written request for a good of the service
discharge in order to avoid trial by court-martial for 288 days
of unauthorized absence (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 6 January 1971, 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 and
record of service. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of
your discharge given the charge being preferred to a court-
martial for a period of UA totaling over nine 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,
\Weas
W. DEAN
Executive
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