DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SJN
Docket No: 02412-13
12 February 2014
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 11 February 2014. 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 28 August 1967. The Board found that on 19 June 1968,
you received nonjudicial punishment (NUP) for unauthorized
absence (UA). On 28 November 1969, you were convicted by summary
court-martial (SCM) of 24 days of UA. On 6 July 1970, 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 66 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 23 July 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.
bi
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, combat
service in Vietnam, character letters, and desire to upgrade your
discharge. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
given your misconduct that resulted in an NUP, SCM, charges being
preferred to a court-martial for a period of UA totaling over two
_ months, and request for discharge. The Board believed that
‘ considerable clemency was extended to you when your request for
glischarge 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 thata .
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,
(Set OE
ROBERT D. ZSALMAN
Acting Executive Director
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