_ DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
- Docket No: 2331-13
31 January 2014
ey
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 29 January 2014. The names and votes of the
members of the panel will be furnished upon request. 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 7 January 1974 at age 17. You received nonjudicial
punishment (NJP).on two occasions for failure to obey a lawful
order and unauthorized absence (UA) from your unit for a period
of 23 days. On 23 January 1976, you made a written request for
discharge for the good of service to avoid trial by court-
martial for UA from your unit from 10 August 1974 through
24 November 1975, a period of 471 days, disrespéct toward a
superior officer, two instances of failure to obey a lawful
order, and wrongful possession of marijuana. Prior to ©
submitting this request. you conferred with a qualified military
lawyer at which time you were advised of your rights and warned
of the probable adverse consequences of accepting such a
discharge. Your request was granted and the commanding officer
directed your other than honorable (OTH) discharge. 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. on 24 February 1976, you were
discharged with an OTH characterization of service,
The Board, in its review of your entire record and application
carefully weighed all potentially mitigating factors, such as -
your youth and overall record of service. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge given the seriousness and
repetitiveness of your misconduct that resulted in two NUJPs,
periods of UA that totaled over one year and four months 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. Further, the Board
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. Finally, there is no
provision of law or in Marine Corps regulations that allows for
recharacterization of service 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,
4 Soe ES,
ROBERT D. ZSALMAN
Acting Executive Director
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