_ DEPARTMENT OF THE NAVY
_ BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1004
ARLINGTON, VA 22204-2490
BUG
Docket No: 3707-13
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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice. |
You enlisted in the Marine Corps and entered a period of active
duty on 1 March 1974. You were convicted by a summary court-
martial of a 71 day period of unauthorized absence (UA). 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 79 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 27 January 1976, 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, remorse, 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 five months and request for
discharge. Furthermore, the Board believed that considerable
:clemency was extended to you when your request 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,
7 \ BS, Gian
ROBERT D. ZSALMAN
Acting Executive Director
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