‘DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
, ARLINGTON, VA 22204-2490
BudG
Docket No: 3207-13
4 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 4 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
. o£ 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 that the evidence submitted was
insufficient to eatebiieh the - existence of probable material
‘ error or injustice.
You enlisted in the Marine Corps and entered a period of active
duty on 9 August 1974. You received nonjudicial punishment and
were convicted by two summary courts-martial and a civil court.
Your offenses included failure to go to your appointed place of
duty, two periods of unauthorized absence (UA) totaling 178
days, and burglary. You then requested an under conditions
other than honorable (OTH) discharge for the good of the service
to avoid trial by court-martial for a period of UA totaling 166
days.. At that time, you consulted with qualified military
. counsel and acknowledged the adverse consequences of receiving
such a discharge. The’ separation authority approved your
request for an under conditions OTH discharge. On 16 March
1977, you were separated with an under conditions OTH discharge
for the good of the service to avoid 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.
The Board, in its review of your entire record, carefully
considered all potentially mitigating factors, such as your
youth, family problems,’ drug and alcohol abuse, and current
‘desire to upgrade your. discharge. Nevertheless, the Board
_ concluded that these factors were not sufficient to warrant
recharacterization of your discharge due to your periods of UA.
totaling almost a year, other misconduct, and request for
discharge. Furthermore, the Board -believed that considerable
clemency was extended to you when your: Yyequest for discharge to
avoid trial by court- Martial was approved. It was also clear to
the Board 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. You are advised that
no discharge is automatically upgraded due ‘merely to the passage
of time or post service good conduct. -In view of the above,
‘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, ©
Rote D Tn pan
ROBERT D. ZSALMAN .
Acting Executive Director
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