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NAVY | BCNR | CY2002 | 10974-02
Original file (10974-02.pdf) Auto-classification: Denied
DEPARTMENT OF THE  NAVY 

B O A R D   FOR  C O R R E C T I O N O F N A V A L   RECORDS 

2  NAVY  ANNEX 

WASHINGTON  DC  20370-5100 

TJR 
Docket No: 10974-02 
15 October 2003 

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 7 October 2003.  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 26 May 1967 at age 17.  You 
served without disciplinary incident until 4 March 1978 when you 
were convicted by summary court-martial (SCM) of an 11 day period 
of unauthorized absence (UA).  %u  were sentdanced to a $30 
forfeiture of pay and confinement at hard labor for 30 days.  On 
24 June 1968 you were convicted by SCM of a 15 day period of UA 
and sentenced to a $65 forfeiture of pay and confinement at hard 
labor for 30 days.  Shortly thereafter, on 18 July 1968, you 
received nonjudicial punishment  (NJP) for being out of bounds and 
were awarded a $30 forfeiture of pay.  On 13 November 1968 you 
were convicted by special court-martial (SPCM) of two periods of 
UA totalling 27 days and breaking restriction.  You were 
sentenced to confinement at hard labor for three months and a 
$225 forfeiture of pay. 

On 11 February 1971 YOU were apprehendpd  h a  civil authnrities a n d  

On 27 February 1969 you began another peri d of UA, and on 21 
November 1970, while in a UA status, you w re convicted by civil 
authorities of larceny and sentenced to pr bation for two years. 

subsequently returned to military custody.  On 5 April 1971 you 

submitted a written request for an other than honorable discharge 
in order to avoid trial by court-martial for the foregoing period 
of UA totalling 719 days.  Prior to submitting this request for 
discharge, you conferred with a qualified military lawyer, were 
advised of your rights, and warned of the probable adverse 
consequences of accepting such a discharge.  On 23 April 1971 
your request for discharge was granted and on 29 April 1971 you 
received an other than honorable discharge 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 youth and immaturity and your assertion that you are now in 
need of veterans' benefits.  Nevertheless, the Board concluded 
these factors were not sufficient to warrant recharacterization 
of your discharge because of your frequent misconduct, which 
resulted in five disciplinary actions, and your lengthy period of 
UA which resulted in your request for discharge.  The Board 
believed that considerable clemency was extended to you when your 
request for discharge was approved since, by this action, you 
escaped the possibility of confinement at hard labor and a 
punitive discharge.  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. 

The names and votes of the members of the panel will be furnished 
upon request. 

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. 
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 D 



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