DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE RD SUITE 1001
ARLINGTON VA 22204-2490
BAN
Docket No: 02354-12
27 February 2013
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 14 February 2013. 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
inet ice:.
You entered active duty in the Marine Corps 24 September 1974,
and served without any disciplinary action until 18 June 1975,
when you received nonjudicial punishment (NJP) for an
unauthorized absence (UA). Shortly thereafter, you received
another NUP for UA and disrespect. Additionally, you were
pending a court-martial for UA, willful disobedience, disobeying
a lawful order, and the illegal possession of a controlled
substance (marijuana). However, on 9 February 1976, while you
were awaiting court-martial, you requested, through counsel, to
be separated with an other than honorable (OTH) characterization
of service. At that time, you acknowledged the consequences o£
such a discharge. Your request was granted and on 5 March 1976,
you were separated with an OTH discharge and an RE-4 reenlistment
code, 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 his entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and claim that you were in a state of depression.
However, the Board concluded that these factors were not
sufficient to warrant recharacterization of your discharge
because of your serious misconduct and 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. 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. The Board was unable to find any evidence in your record
to support your claim, and you provided no such evidence.
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 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,
9 Reams
Executive D rt
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