DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7O1 S. COURTHOUSE ROAD, SUITE 1008
ARLINGTON, VA 22204-2490
TIR
Docket No: 5590-13
.6 June 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 3 June 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 17 November 1972. You served for nearly a year without
disciplinary incident, but on.13: November 1973, you were
convicted by special court-martial (SPCM) of four periods of
unauthorized absence (UA) totalling 78 days.
On 17 October 1974, you submitted a written request for an other
than honorable discharge in order to avoid trial by court-martial
for two periods of UA totalling 255 days. Prior to submitting
this: request you conferred witha 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, on 15 November 1974, 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. Asa
result of this action, you were sparéd the stigma of a court-
Martial’ conviction and the potential penalties of a punitive
discharge and confinement at hard labor. On 27 November 1974 you
were issued an other than honorable discharge.
The Board, in its review of your entire record and application
carefully weighed ali potentially mitigating factors, such as
your limited period of satisfactory service and desire to upgrade
your discharge. Nevertheless, the Board concluded these factors
were not sufficient to warrant recharacterization of your
discharge because of the seriousness of your repeated and lengthy
periods of UA which resulted in an SPCM 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. 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 should 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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