DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SUN
Docket No: 00545-12
9 February 2012
This is in reference to your late brother's application for
correction of his 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 his
application on 9 February 2012. His 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 his application, together with all material submitted in
support thereof, his 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.
Your late brother enlisted in the Marine Corps and began a
period of active duty on 6 September 1966. The Board found that
on 6 June 1968, he submitted a request for discharge on the
grounds of being a conscientious objector due to his religious
beliefs. On 16 September 1968, the Commandant of the Marine
Corps informed him that his request had been denied. However,
he was designated as a conscientious objector. It was directed
that he be assigned noncombatant duties consistent with his
classification. He served without incident until 28 August
1969, when he began a period of unauthorized absence (UA) that
lasted 188 days, ending on 4 March 1970. On 24 April 1970, he
submitted a written request for a good of the service discharge
in order to avoid trial by court-martial for the 188 days of UA.
Prior to submitting this request for discharge, he conferred
with a qualified military lawyer, was advised of his rights, and
was warned of the probable adverse consequences of accepting
such a discharge. His request for discharge was granted and on
28 May 1970, he 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, he was 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 late brother’s application,
carefully weighed all potentially mitigating factors, such as
his youth and record of service. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of his discharge given the charge being
preferred to a court-martial for a period of UA totaling over
six months, and request for discharge. The Board believed that
considerable clemency was extended to him when his request for
discharge was approved. The Board also concluded that he
received the benefit of his bargain with the Marine Corps when
his request for discharge was granted and should not be
permitted to change it now. Accordingly, his 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 his 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,
Ld Rea
Executive Di
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