DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7Ot S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 02487-13
26 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 25 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 5 September 1972. The Board found that during the period
from 12 December 1973 to 15 April 1975, you received five
nonjudicial punishments (NUJP's) for four instances of
disobedience, being absent from your appointed place of duty,
destruction of government property, and two instances of |
disrespect. On 19 March 1975, you were convicted by special
court-martial {(SPCM) of insubordinate conduct, use of
disrespectful language, being intoxicated during working hours,
and unlawfully having seven concealed weapons (machetes): You
were sentenced to confinement at hard labor anda forfeiture of
pay. On 14 November 1975, you received a sixth NUP for seven
days of unauthorized absence (UA). On 16 December 1975, you
began a period of UA that lasted 162 days, ending on 25 May 1976.
On 4 June 1976, you submitted a written request for a good of the
service discharge in order to avoid trial by court-martial for
162 days of UA. 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. On 9 June 1976, you received an
other than honorable characterization of service.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and record
of service. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
given your miscoriduct that resulted in six NUP’s, a SPCM
conviction of serious offenses, charges being preferred to a
court-martial for a period of UA totaling over five 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,
ROBERT D. ZSALMAN
Acting Executive Director
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