DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OCF NAVAL RECORDS
701 S$. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TOR
Docket No: 3113-13
is 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 19 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 ‘sStatutés, 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. - a a
. you enlisted in-the. Marine Corps and began.a period of active.
duty-on 27 June 1968. You served for nearly six months without _
disciplinary incident but during the period from 17 December 1968
to 8 March 1969 you received nonjudicial punishment (NJP} on four
océasions for two periods of absence from your appointed place of |
duty, ‘two specifications of disrespect, failure to go to your
appointed place of duty, two. specifications of failure to obey a
lawful order, and disobedience: On:10 September 1969 you were |
convicted by ¢ivil authorities of embezzlement and grand
automobile theft. You were sentenced to confinement for six
months and probation for three years..
On 5 March 1970 you were convicted by special court-martial .
(SPCM) of a 245 day period of unauthorized’ absence (UA). Shortly
-theteafter, on 11 May 1970, you. were the subject of an ~
investigation for larceny in the’ amount of $80, being an
accessory after the fact, and wrongful possession of altered —
identification cards. On 18 November 1970 you submitted a.
written request for an other than honorable discharge in order to
avoid trial by court-martial for impersonating a noncommissioned
officer, wrongfully wearing awards, disrespect, and a 140 day
period 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. On 8 December 1970 your request was
granted and the commanding officer was directed to issue you an
other than honorable discharge by reason of the good of the
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 14 December
1970 you were “issued an other than honorable discharge.
The Board, in its review of your entire record and application
carefully weighed all potentially mitigating factors, such as ©
your desire to upgrade your discharge and assertion that you
believe you were eligible for discharge under an amnesty program.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your repetitive misconduct in both
the military and civilian communities which also resulted in your
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 you
should not be permitted to change it now. Accordingly, your
application has been denied.
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, _
TTR ED | a Qnnnen
ROBERT D. ZSALMAN |
Acting Executive Director
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