DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 §. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BIG
Docket No: 3711-13
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 atic 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 8 August 1974. You received nonjudicial punishment for
_two periods of unauthorized absence (UA) totaling 39 days. You
‘then. requested | an under conditions other than honorable (OTH)
‘discharge for the good of the service to avoid trial by court-
martial.for two periods of UA totaling 64 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 23 June 1976, you were separated
“A
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, allegation of recruiter misconduct, remorse, and current
desire to upgrade your discharge. Nevertheless, the Board
concluded that these factors were hot sufficient to warrant
recharacterization of your discharge due to your periods of UA
totaling more ‘than three months and request for discharge.
Furthermore, thé 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 ¢hange it now. The Board could find no evidence
_ in your record to support your allegation, and you provided no
such evidence. 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 no previously considered by
the Board. In this regard, it is important to keep in mind that
a presumption of. regularity attaches to ali 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,
TR SS
ROBERT D. ZSALMAN. .
Acting Executive Director
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