DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 2755-13
7 February 2014
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 5 February 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 reenlisted in the Marine Corps on 21 March 1972 after more
than two years of prior honorable service. You received
nonjudicial punishment (NIP) for unauthorized absence (UA) from
your unit for a period 18 days. On 24 July 1972, you were UA
from your unit until you surrendered on 5 February 1974, a
period of 561 days. On 21 February 1974, you were UA from your
unit until you surrendered on 27 March 1974, a period of 34
days. On 24 April 1974, you were UA from your unit until you
were apprehended by civil authorities in Lake Charles,
Louisiana, on 28 September 1974, a period of 157 days. oOn
6 October 1974, you were again UA from your unit until you were
apprehended on 17 May 1976, a period of 589 days. On 14 July
1976, you made a written request for an other than honorable
(OTH) discharge to avoid trial by court-martial for the
foregoing periods of UA. 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 OTH
characterization of service. 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 30 July 1976, you were discharged with an OTH
discharge.
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 of
your misconduct that resulted in one NUP, periods of UA totaling
over three years and seven 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. 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 J SALMAN
Acting Executive Director
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