DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE RD SUITE 1004
ARLINGTON VA 22204-2490
BAN
Docket No: 10877-12
23 October 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 17 October 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 entered active duty in the Marine Corps on 6 November 1967,
and served without any disciplinary action until 4 May 1971, when
you were convicted at a special court-martial of unauthorized
absence (UA) of 37 days. In addition, you were in a UA status
for 54 days. Therefore, you were pending a court-martial for
this UA. You requested through counsel to be separated in lieu
of a trial by court-martial with an other than honorable (OTH)
characterization of service. At that time, you acknowledged the
consequences of such a discharge. Your request was granted and
on 9 August 1971, you were separated with an OTH discharge and an
RE-4 reenlistment code, in lieu of trial by court-martial. 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.
The Board, in its review of his entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and Vietnam service. However, the Board concluded
that these factors were not sufficient to warrant
recharacterization of your discharge due to the length of your
UA's and 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. 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. 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 his 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,
Executive Dire
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