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NAVY | BCNR | CY2002 | 10975-02
Original file (10975-02.pdf) Auto-classification: Denied
DEPARTMENT  OF THE  NAVY 

BOARD  FOR  C O R R E C T I O N O F   NAVAL  RECORDS 

2   N A V Y A N N E X  

WASHINGTON  DC  20370-5100 

TJR 
Docket No: 10975-02 
15 October 2003 

This is in reference to your application for correction of your 
naval record pursuant to the provisions of ~ i t l e  1 0 ,   United 
States Code, Section 1 5 5 2 .  

A three-member panel of the Board for Correction of Naval 
Records, sitting in executive session, considered your 
application on 7 October 2 0 0 3 .   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 reenlisted in the Marine Corps on 30  June 1 9 8 0   after two 
years of prior honorable service.  You continued to serve without 
disciplinary incident until 11  December 1 9 8 2   when you were 
convicted by summary court-martial (SCM) of two specifications of 
disobedience.  You were sentenced to confinement at hard labor 
for 3 0   days and reduction to paygrade E-3. 

On 9 June 1 9 8 3  you received nonjudicial punishment  (NJP) for a 
seven day period of unauthorized absence (UA).  The punishment 
imposed was restriction and extra duty for 1 4  days and a  $177 
forfeiture of pay. 

On 1 9  July 1 9 8 3   you began a  period of UA that was not terminated 
until 2 9   May 1 9 8 4 .   On 1 2   June 1 9 8 4   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 
3 1 5   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.  Subsequently, your request for 

discharge was granted and on 26 June 1984 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, prior honorable service, .and your 
assertion that you were a good Marine.  Nevertheless, the Board 
concluded these factors were not sufficient to warrant 
recharacterization of your discharge because of your  repetitive 
misconduct, which resulted in NJP, a court-martial.conviction, 
and your request for discharge for a lengthy period of UA.  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, *w 

Executive Di e 



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