DEPARTMENT OF THE NAVY 

BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204·2490 


Docket No: 529-16 
JAN 25 2017 

Dear 

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 oflimitations and consider your application on its merits. A threemember 
panel ofthe Board for Correction of Naval Records, sitting in executive session, 
considered your application on 28 September 2016. The names and votes of the members of the 
panel will be furnished upon request. Your allegations oferror and injustice were reviewed in 
accordance with administrative regulations and procedures applicable to the proceedings ofthis 

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, began a period of active duty on 26 July 1971. You served for 
about six months without disciplinary incident, but during the period from 3 February I 972 to 
16 April 1973, you received nonjudicial punishment (NJP) on five occasions. Your offenses 
were, unauthorized absence from your unit for periods totaling 10 days, failure to go to your 
appointed place of duty, failure to properly check out on liberty, failure to obey a lawful order 
and sleeping while on guard duty. 

On 16 July 1975, you began several periods ofUA from your unit that totaled 755 days. You 
submitted a written request for an other than honorable discharge in order to avoid trial by courtmartial 
for four periods ofUA. You stated in part that the reason you were requesting the 
undesirable discharge was to take care of your wife and mother, and that you could not nor did 
you want to adapt to military life, you were fed up. On 23 July 1975, your request for discharge 
was disapproved. On 31 July 1975, you were once again UA from your unit until you were 
apprehended on 26 February 1976, a period of 210 days. As a result, on 22 March 1976, you 
submitted another written request for an other than honorable discharge in order to avoid trial by 
court-martial for the current and previous periods ofUA totaling 965 days. Prior to submitting 
this request you conferred with a qualified military lawyer at which time you were advised of 
your rights and warned ofthe probable adverse consequences ofaccepting such a discharge. 
Subsequently, your request was granted and the commanding officer was directed to issue you an 
other than honorable discharge by reason ofthe good ofthe service. As a result ofthis action, 
you were spared the stigma ofa court-martial conviction and the potential penalties ofa punitive 
discharge and confinement at hard labor. On 12 April 1976, you were issued an other than 
honorable discharge. 

The Board, in its review ofyour entire record and application carefully weighed all potentially 
mitigating factors, including your claim that you contribute to veterans groups. Nevertheless, the 
Board concluded these factors were not sufficient to warrant relief in your case because ofthe 
seriousness ofyour misconduct that resulted in five NJPs, frequent, repetitive, and lengthy 
veriods ofUA lasting more than two years and seven mop.ths, 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 ofyour bargain with the Marine Corps when your request for discharge was 
granted and you should not be permitted to change it now. Finally, the Board was not persuaded 
by your contributions to veterans groups, it was not enough to outweigh the significant 
misconduct you committed. Accordingly, your application has been denied. 

The Board also noted that you should contact Headquarters, United States Marine Corps, Deputy 
Chief ofStaff for Manpower and Reserve Affairs (M&RA) Department, Separation Section 
(MMSR-3), to request a review ofyour records for eligibility of awards and medals. 

It is regretted that the circumstances ofyour 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, 

Executive Director