DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7O1S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA'22204-2490 —
TJR
Docket No: 7897-13
12 September 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 26 August 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 materiai 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 5 October 1971 and
immediately began a period of active duty. You served for about
seven months without disciplinary incident, but during the period
from 20 July 1972 to 2 August 1973, you received nonjudicial
punishment (NJP) on four occasions for absence from your
appointed place of duty and three periods of unauthorized absence
(UA) totalling 11 days. You were also convicted by special
court-martial on 15 May 1973, of four periods of UA totalling 40
days, breaking restriction, and missing the movement of your
ship.
During the period from 13 August 1973 to 20 March 1974, you were
again in a UA status on four more occasions and declared a
deserter. As a result of these periods of UA totalling 182 days,
on 2 May 1974, 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 12 June 1974, you
were issued an other than honorable discharge.
The Board, in its yeview of your entire record and application
" c¢arefully weighed all potentially mitigating factors, such as
’ your desire to upgrade your discharge and assertion that you were
not given a physical prior to being discharged. Nevertheless,
the Board concPuded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness |
of your misconduct 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. 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. Finally, there is
evidence in the record which is contrary to your assertion.
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 J. O’NEILG
Executive Director
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