DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
. ARLINGTON, VA 22204-2490
TIR
Docket No: 4095-12
14 March (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 12 March 2013. 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 ef probable material error or
injustice.
You enlisted in the Marine Corps on 28 October 1968 and
immediately began a period of active duty. About four months
later, in February 1969, you were the subject of an investigation.
at which time you stated that you had begun to use heroin.
Shortly thereafter, on 14 March 1969, you began a period of
unauthorized absence (UA) that was not terminated until you were
apprehended and held in confinement by civil authorities on 23
June 1969. On 14 July 1969 you began another period of UA that
was not terminated until you were apprehended and held in
confinement by civil authorities on 5 February 1970.
On 18 February 1970 you submitted a written request for an other
than honorable discharge in order to avoid trial by court-martial
for the foregoing two periods of UA totalling 307 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 13 March 1970 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. Asa
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 20 March 1970 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 desire to upgrade your discharge and assertion that you were
falsely accused of misconduct. Nevertheless, the Board concluded
these factors were not’ sufficient to warrant recharacterization
‘of your discharge because of the seriousness of your misconduct
which included drug abuse and resulted in 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. Finally, there is no-evidence in the
record, and you provided none, to support your assertion.
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, .
\D Rares
Executive Di:
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