DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 07424-12
9 July 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 25 June 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 11 November 1974. The Board found that you were
convicted by summary court-martial (SCM) of 71 days of
unauthorized absence (UA). On 13 April 1976, you received
nonjudicial punishment (NJP) for disobedience and the use of
disrespectful language. On 12 May and 22 November 1977, you
received NUP for assault and UA. On 2 June 1978, you submitted a
written request for a good of the service discharge in order to
avoid trial by court-martial for 131 days of UA. Prier 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 23 June.
1978, 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, character letter from your sister, and belief that your
characterization of service would automatically change after five
years. Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge given
your misconduct that resulted in a SCM conviction, three NJP’s,
charges being preferred to a court-martial for a period 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. Further, you are advised that
there is no provision of law or in Navy regulations that allows
for recharacterization of a discharge automatically after five
years or due solely to the passage of time. 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,
\s
W. DEAN PFE
Executive Di
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