DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
' 704 S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 2166-14
24 March 2015
bea:
. This is in reference to your application for correction of your. -
naval record pursuant to the provisions of title 10 of the United
States Code, section 1552.
Although your application was not filed in a timely manner, the
Board found it in the interest of justice to waive the statute of
limitations and consider your application on its merits. A
_three-member panel of the Board for Correction of Naval Records,
sitting in executive session, consideréd.your application on
‘ll March 2015. -The.riames 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 18 January 1974. On 11 April 1975, you were convicted by
special court-martial (SPCM) of disobedience, and receiving
stolen property. On 5 August 1975, you received nonjudicial
punishment (NJP) for three days of unauthorized absence (UA).
On 24 August 1975, you submitted a written request for a good of
‘the service discharge in order to avoid trial by court-martial
for conspiracy to commit larceny, larceny, and forgery. Prior to
submitting this request for discharge, you conferred with a
qualified military lawyer, were advised of your rights, and were
warned of the probable adverse consequences of accepting such a
discharge. Your request for discharge was granted and on
19 September 1975, you received an other than honorable discharge
for the good of the service in lieu of 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 and application, carefully
weighed all potentially mitigating factors, such as your record
of service and desire to upgrade your discharge. Nevertheless,
the Board concluded these factors were not sufficient to warrant
recharacterization of your discharge given your SPCM, NJP,
charges being preferred to a court-martial for serious offenses,
and request for discharge. The Board believed that considerable
clemency was extended to you when your request for discharge was
“approved. The Board also 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.
It is régretted 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 within one year from the date of the Board’s decision.
New evidence is evidence not previously considered by the Board
. prior to making its decision in your case. 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.
Singerxely,
ROBERT J. O'NEILL
Executive Director
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