DEPARTMENT OF THE NAVY >
BOARD FOR CORRECTION OF NAVAL RECORDS
701 §. COURTHOUSE ROAD, SUITE 1001
TAL
Docket No: 8218-13
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 4 September 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 31 May 1969 at age 17. You received nonjudicial
punishment (NJP) on three occasions for willfully disobeying a
lawful order, making a false official statement, wrongfully
altering an Armed Forces Identification card and unauthorized
absence (UA) from your unit for a period of 49 days. On 22 May
1970 you were UA from your unit until you were apprehended on
29 August 1970, a period of 99 days. On 11 September 1970, you
made a written request for discharge for the good of service to
avoid trial by court-martial for 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 October 1970,
you were discharged under OTH conditions.
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
30ard concluded these factors were not sufficient to warrant
techaracterization of your discharge given the seriousness of
your misconduct that resulted in three NUPs, periods of UA
totaling over four 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
navel record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
ROBERT J. O'NEILL
Executive Director
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