DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 04946-11
1 March 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 28 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
Lnjustice:.
You enlisted in the Marine Corps and began a period of active
duty on 29 April 1971. The Board found that you received five
nonjudicial punishments (NJP’s) for failure to go to your
appointed place of duty, two instances of disobedience, two
instances of disrespect, communicating a threat, and nine days
of unauthorized absence (UA). During the period from 4 April
1973 to 9 January 1975, you had three periods of UA totaling 585
days. On 10 February 1975, you submitted a written request for
a good of the service discharge in order to avoid trial by
court-martial for the 585 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 2 April 1975, 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, and belief that your characterization of service
would be automatically upgraded after six months. Nevertheless,
the Board concluded these factors were not sufficient to warrant
recharacterization of your discharge given your misconduct that
resulted in five NUJP’s, charges being referred to a court-
martial for periods of UA totaling over 19 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. Finally, you are advised that there is no provision of
law or in Navy regulations that allows for recharacterization of
a discharge automatically after six months or 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 axe 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,
ho
W. DEAN
Executive Di
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