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ARLINGTON, VA 22204-2490
TUR
Docket No: 6431-14
7 November 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 28 October 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 on 27 June 1967, and immediately
began a period of active duty. You served for about six months
without disciplinary incident. However, during the period from
27 December 1967 to 15 December 1969, you received nonjudicial
punishment (NUP) on five occasions. You were also convicted by
special court-martial (SPCM) and twice by summary court-martial
(SCN) ..
On 3 March 1970 you submitted a written request for an other than
bonorable discharge in order to avoid trial by court-martial for
disrespect, disobedience, and breach of peace. 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 18 March 1970, you
were issued an other than honorable discharge.
The Board, in its review of your entire record and application
caretully weighed all potentially mitigating factors, such as
your desire to upgrade your discharge and your statement
regarding your treatment at a veterans’ facility for post-
traumatic stress disorder (PTSD). Nevertheless, the Board
concluded these factors were not sufficient to warrant relief in
your case because of the seriousness o& your repetitive
misconduct which resulted in numerous punitive actions and 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. 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
within one year from the date of the Board's decision. 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.
ROBERT J. O’NEIL
Executive Direct
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