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DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SJN
Docket No: 01351-12
5 December 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 4 December 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 14 March 1977. During the period from 21 November 1978
to 8 April 1980, you received seven nonjudicial punishments
(NJP’s) for being absent from your appointed place of duty,
reporting to work unshaven, sleeping on post, two instances of
disobedience, two periods of unauthorized absence (UA), and
failure to go to your appointed place of duty. On 18 July 1980,
you were convicted by special court-martial (SPCM) of 33 days of
UA. You were sentenced to confinement at hard labor, a
forfeiture of pay, and a reduction in paygrade. Although your
record is incomplete, it appears that you submitted a written
request for a good of the service discharge in order to avoid
trial by court-martial for an unknown offense(s). Prior to
submitting this request for discharge, you would have conferred
with a qualified military lawyer, been advised of your rights,
and warned of the probable adverse consequences of accepting such
a discharge. It also appears that your request for discharge was
granted since you received an other than honorable discharge for
the good of the service in lieu of trial by court-martial on
13 March 1981. 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.
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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
automatically change after six months. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge given of your seven NUP’‘S,
SPCM conviction, and request for discharge to avoid trial. The
Board believed that considerable clemency was extended to you
when your request for discharge was approved. The Board also
conciuded 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 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,
iy Dan Qs:
W. DEAN PFET
Executive Dir O
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