DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
- TJIR
“ Docket No: 3933-13
25 March 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 25 March 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 adniinistrative 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. a: oe .
You enlisted in the Marine Corps on 5 May 1966 and immediately
began a period of active duty. You served for nearly two years
without incident, but on-3 June'1968, you were convicted by.
special court-martial. (SPCM) of a 57 day period of unauthorized
absence (UA). " 7 :
On 17 February 1969 you began another’ period of UA that was not
terminated until you were apprehended by civil authorities on 9
January 1976. During this period of UA you were also declared a
déserter. As'a result of the foregoing period of UA totalling
2,517 days, on 6 February 1976, you submitted a written request
for.an other than. honorable discharge in order to avoid trial by
court-martial. 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 o
accepting such a discharge,» Subsequently, 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 13 February
1976 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 service in Vietnam.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your lengthy periods of UA which
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 shovld 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,
ROBERT D. ZSALMAN .
Acting Executive Director
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