DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
EGA
Docket No: 7625-14
6 July 2015
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.
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
26 June 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.
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 23 September 1976. You served without disciplinary
incident until 10 July 1978, when you received nonjudicial
punishment (NJP) for failure to go to your appointed place of
duty. On 12 September 1978, you received a second NJP for three
specifications of unauthorized absence (UA). Shortly
thereafter, you were charged with larceny, assault, rape, fraud,
prostitution, and disobeying orders. As a result, you were
referred to a Special Courts-Martial (SPCM). On
29 November 1978, you submitted a request for an undesirable
discharge for good of service to escape trial by courts-martial.
On 31 January 1979, you were discharged with an undesirable
characterization of service to escape trial by courts-martial.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to upgrade your character of service and allegations
of being singled out due to your race. Nevertheless, the Board
concluded these factors were not sufficient to warrant relief in
your case, given the seriousness of your misconduct and request
for digcharge in perder to escape trial by courts-martial.
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.
Sincerely,
ROBERT J. O'NEILL
Executive Director
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