IR a BER AR TM ENT OFTHE NAVY nt ncn
BOARD.FOR CORRECTION OF NAVAL RECORDS
704 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BUG
Docket No: 8781-13
15 September 2014
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the
yO United States Code, section 1552.
o
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 10 September 2014. 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice. ,
.You enlisted in the Marine Corps.and entered a period of active
duty on 12 July 1968. You were convicted by a special court-
martial of a 35 day period of unauthorized absence (UA). . You
then requested an under conditions other than honorable (OTH)
discharge for the good of the service to avoid trial by court-
martial for a 310 day period of UA. At that time, you consulted
with qualified military counsel and acknowledged the adverse
consequences of receiving such a discharge. The separation
authority approved your request for an under conditions OTH
discharge. On 12 January 1971, you were separated with an under
conditions OTH discharge for the good of the service to avoid
trial by court-martial. 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. ,
The Board, in its review of your entire record, carefully
considered all potentially mitigating factors, such as your
youth, combat service in the Vietnam War, current diagnosis of
Post-Traumatic Stress Disorder (PTSD), and desire to upgrade
your discharge. Nevertheless, the Board concluded that these
+ factors were not spfficient to warrant recharacterization of
your discharge d eto your periods of UA totaling more than 11
months and request for discharge. Furthermore, the Board
believed that considerable clemency was extended to you when
your request for discharge to avoid trial by court-martial was
approved. It was also clear to the Board 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. The Board particularly noted that you stated that you
entered your second period UA to be with your ill Mother. You
are advised that a current diagnosis of PTSD does not excuse
serious misconduct. You are further advised that no discharge
is automatically upgraded due merely to the passage of time or
post service good conduct. In view of the above, 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 ali 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’ NEILL
Executive Director
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