DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SUN
Docket No: 07189-12
22 May 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 21 May 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 10 January 1973. The Board found that during the period
from 24 November 1972 to 6 January 1975, you received six
nonjudicial punishments (NJP’s) for three instances of
disobedience, three instances of being absent from your appointed
place of duty, and unauthorized absence (UA). On 25 March 1975,
you were convicted by summary court-martial (SCM) of two
specifications of disrespect. On 13 May 1975, you were convicted
by civil authorities of wrongful possession of lysergic acid
diethylamide (LSD). It appears you were sentenced to six months
confinement. On 5 December 1975, you submitted a written request
for a good of the service discharge in order to avoid trial by
court-martial for five periods of UA totaling 124 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 December 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 contention that the consumption of contaminated
water at Camp Lejeune, North Carolina, caused your misconduct.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge given
your misconduct that resulted in six NUJP’s, SCM, civil conviction
of wrongful drug possession, charges being preferred to a court-
martial for periods of UA totaling over four 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. Concerning
your contention, there is no evidence in the record to support
it, and you submitted 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 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,
No Mako]
W. DEAN PF
Executive Digedtbr
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