DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
ia
Docket No: 752-12
25 October 2012
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 23 October 2012. The names and votes of the
members of the panel will be furnished upon request. 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 18 October 1972 at age 18 and
served for about four months without disciplinary incident, but
on 7 February 1973, you received nonjudicial punishment (NJP) for
absence from your appointed place of duty.
On 8 February 1974 you were convicted by summary court-martial
(SCM) of a 306 day period of unauthorized absence (UA). Shortly
thereafter, on 30 April 1974, you received your second NJP fora
four day period of UA. Onl July 1974 you began a period of UA
that was not terminated until you were apprehended by civil
authorities on 8 September 1974. About eight days later, on 16
September 1974, you began another period of UA that was not
terminated until you were apprehended by civil authorities on 1
July 1976.
Although you were declared a deserter in connection with the last
two periods of UA, only the charges of UA were referred for
court-martial. In this regard, on 21 July 1976, you submitted a
written request for an other than honorable discharge in order to
avoid trial by court-martial for the two foregoing periods of UA
totalling 722 days. Prior to submitting this request you
conferred with a qualified military lawyer at which time you were
advised of your rights and warned of the probable adverse
consequences of accepting such a discharge. On 23 July 1976 your
request was granted and the commanding officer was directed to
issue you an other than honorable discharge by reason of the good
of the service. 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. On 30
July 1976 you were issued an other than honorable discharge.
The Board, in its review of your entire record and application
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade your discharge. Nevertheless,
the Board concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your repetitive and lengthy periods of UA which resulted in
two NJPs, a SCM, and your request for discharge. The Board
believed that considerable clemency was extended to you when your
request for discharge to avoid trial by court-martial was
approved. Further, the Board concluded that you received the
benefit of your bargain with the Marine Corps when your request
for discharge was granted and you should not be permitted to
change it now. Accordingly, your application has been denied.
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,
ee CAD ccpsceis
ROBERT D. SALMAN
Acting Executive Director
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