DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 604-14
24 February 2015
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, considered your application on
3 February 2015. 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.
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After careful and conscientious consideration of the en
record, the Board found the evidence submitted was insu
to establish the existence of probable material error or
injustice.
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You enlisted in the Marine Corps and began a period of active
duty on 16 November 1967. On 1 November 1968, you were convicted
by special court-martial (SPCM) of 147 days of unauthorized
absence (UA). You were sentenced to confinement at hard labor,
and a forfeiture of pay. On 31 August 1969, you received a fine
from civil authorities for being a minor in possession of an
alcoholic beverage. On 20 October 1969, you received nonjudicial
punishment (NJP) for four days of UA. On 12 February 1970, you
submitted a written request for a good of the service discharge
in order to avoid trial by court-martial for two periods of UA
totaling 42 days and disobedience. 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 3 March 1970, 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, post service accomplishments, and desire
‘to upgrade your discharge. Nevertheless, the Board concluded
‘these factors were not sufficient to warrant recharacterization
of your discharge given your misconduct, charges being preferred
to a court-martial for periods of UA totaling over 30 days, 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 date
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 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.
Sincerely
ROBERT J. O’NEILL
Executive Director
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