DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 5120-13
30 April 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 23 April 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 on 1 October 1968 and
immediately began a period of active duty. You served for about
10 months without disciplinary incident. However, during the
period from 4 August 1969 to 20 January 1970, you received
nonjudicial punishment (NJP) on three occasions for two periods
of absence from your appointed place of duty, wearing improper
civilian attire, disorderly conduct, two specifications of
disobedience, failure to obey a lawful order, and two periods of
unauthorized absence (UA) totalling nine days.
During the period from 20 January to 19 March 1970 you were again
in a UA status on two occasions for 38 days and broke restriction
on both occasions. As a result, 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 ‘of
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 17 April
1970 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 toriipgrade your discharge and assertions of being
dénied an overstas assignment, going UA because your girlfriend
attempted suicide, and being told that your discharge would be
- upgraded six months after your separation. Nevertheless, the
'-Board concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your misconduct, which resulted in three NJPs and repetitive
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. The Board concluded that you received the benefit
of your bargain with the Marine Corps when your request for
discharge was granted and you should not be permitted to change
it now. Further, there is no evidence in the record, and you
submitted none, to support your assertions. Finally, no
discharge is automatically upgraded due solely to the passage of
time. 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,
ae >.
ROBERT D SALMAN
Acting Executive Director
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