DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 8S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490 |
TUR
Docket No: 5246-13
21 May 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 14 May 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 precedures 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. 7 : ‘
You enlisted in the Marine Corps on 25 July 1969 and immediately
began a period of active duty. You served for about six months
without disciplinary incident, however; on 22 January 1970, you
received nonjudicial punishment (NJP) for. absence from your
appointed place of duty, two specifications of.disobedience, and
two specifications of failure-to obey a lawful order. On 25
August 1970, you were convicted by special court-martial of a 106
day period of unauthorized absence (UA). However, a dismissal
motion was granted for this offense because you were not afforded
a speedy trial. Nonetheless, you were again in a UA status on
two more occasions for 15 days during the period from 2 to 21
September 1970. oO -
Subsequently, on’ 28 September. 1970. you began another period of UA
that was not terminated until 5 April 1971. As a result, on 17
May 1971, 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 2 June 1971 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 assertions of being
improperly advised, not afforded legal representation, and
‘wrongfully separated from the Marine Corps. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your repetitive and lengthy periods of UA, which resulted in
NJP and 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. 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,
ia eeaity, onan
ROBERT D. ZSALMAN .
Acting Executive Director
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