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NAVY | BCNR | CY2013 | NR4986-13
Original file (NR4986-13.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

701 S. COURTHOUSE ROAD, SUITE 1004
ARLINGTON, VA 22204-2490

TAL
Docket No: 4986-13
31. January 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 29 January 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 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.

You enlisted in the Marine Corps and began a period of active
duty on 10 December 1975 at age 19. On 2 November 1976, you

- received nonjudicial punishment (NJP) for failure to go to your

appointed place of duty. On 3 November 1976, you were convicted
by summary court-martial (SCM) of unauthorized absence (UA) from
your unit for a period of 21 days. You again received NJP on.
two occasions for. UA from your unit for a period of 23 days and
failure to go to your appointed place of duty. On 30 November
1977, you were convicted by special court-martial (SPCM) of UA

from your: unit for a period of 60 days. The sentence imposed
was confinement at. -hard labor, a forfeiture of pay anda

reduction in paygrade. On 20 December 1977, you.were UA from
your unit until you surrender on 15 March 1978, a period of 85
days. On 23 March 1978, you made a written request for

4
discharge for the good of service to avoid trial by court-
martial for the- foregoing 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.
Your request was granted and the commanding officer directed
your other than honorable (OTH) discharge. 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. April 1978, you were
discharged with an OTH characterization of service. os

The Board, in its review of your entire record and application
carefully weighed all potentially mitigating factors, such as
your youth and overall record of service. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge given the seriousness of
your misconduct that resulted in three NJPs, an SCM, an SPCM,
periods of UA totaling over six months and 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 should not
be permitted to change it now. Accordingly, 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,

ROBERT D. “SALMAN

Acting Executive Director

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