DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 04875-12
27 March 2013
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 26 March 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
injustice.
You enlisted in the Marine Corps and began a period of active
duty on 25 May 1971. The Board found that on 5 April 1973, you
were convicted by civil authorities of wrongful possession of
Marijuana. On 9 June 1973, you began a period of unauthorized
absence (UA) that lasted 449 days, ending on 1 August 1974. On
11 September 1974, you submitted a written request for a good of
the service discharge in order to avoid trial by court-martial
for the 449 days of UA. On 24 September 1974, your request was
forwarded recommending disapproval. On 2 October 1974, you began
another period of UA that lasted 130 days, ending on 12 February
1975. On 28 March 1975, you submitted another written request
for a good of the service discharge in order to avoid trial by
court-martial for two periods of UA totaling 579 days. Prior to
submitting this request for discharge, you conferred with a
qualified military lawyer, were advised of your rights, and were
warned of the probable adverse consequences of accepting such a
discharge. Your request for discharge was granted and on 17
April 1975, you 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, 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 your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service and post service medical issues. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge given your misconduct that
resulted in a civil conviction for wrongful drug possession,
charges being preferred to a court-martial for periods of UA
totaling over 19 months, and request for discharge. The Board
believed that considerable clemency was extended to you when your
request for discharge was approved. The Board also concluded
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. 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,
ae Sa Veer. 7 > 4 [-
ROBERT D ALMAN
Acting Executive Director
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