‘DEPARTMENT OF THE NAVY.
BOARD FOR CORRECTION OF NAVAL RECORDS
7O? S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SJN
Docket No: 02511-13
12 March 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 thee member panel of the Board for Correction of Naval
Records, sitting in executive session, ‘considered your
- application on 11 March 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 July 1976. . The Board found that on 5 April 1977 ana
14 April 1978, you received nonjudicial punishment (NUP) for
disobedience and two periods of unauthorized absence (UA)
totaling 11 days. . On 12.June 1978, you began a period of UA that
lasted 679 days, ending on 21 April 1980. On 15 July 1980, you
submitted a written request for a good of the service discharge
in order to avoid trial by court-martial for 679 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. Your request for discharge was granted and on
18 August 1980, you reeéived 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 att hard labor.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service, 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 two NJP’s, charges being preferred to a court-martial
for a period of UA totaling over 22 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 mames 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,
Te. m8 D. on
ROBERT D. ZSALMAN
Acting Executive Director
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