DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SJN
Docket No: 07274-12
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 6 April 1966. The Board found that you received two
nonjudicial punishments (NJP’s) for six days of unauthorized
absence (UA) and disobedience. On 18 April and 6 August 1969,
you were convicted by special court-martial (SPCM) of two periods
of UA totaling 163 days. As a result of your second SPCM, you
were sentenced to confinement at hard labor, a forfeiture of pay,
and bad conduct discharge (BCD). However, the convening
authority only approved the confinement at hard labor and
forfeiture of pay. On 6 August 1970, you submitted a written
request for a good of the service discharge in order to avoid
trial by court-martial for three periods of UA totaling 202 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
21 August 1970, 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, post service accomplishments and character letters.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge given
your misconduct that resulted in two NJP’s, two SPCM convictions
of very lengthy periods of UA, charges being preferred to a
court-martial for periods of UA totaling over six 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,
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