DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
FC
Docket No: 06277-03
8 September 2003
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10 of the
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 4 September 2003.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
of your application, together with all material submitted in
support thereof, your naval record and applicable statutes,
regulations and policies.
Documentary material considered by the Board consisted
Your allegations of error and
After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you enlisted in the Marine Corps on 3 April
1967 at age 17.
On 19 August 1967 you were convicted by special court martial
(SPCM) of a 57-day period of unauthorized absence and missing
You were sentenced to confinement at hard labor for
movement.
three months and forfeitures of pay.
Portions of the sentence
You then served in Vietnam 13 January 1968 to 2
were suspended.
February 1969.
On 2 July 1969 you received nonjudicial punishment (NJP) for a
brief period of unauthorized absence, and-awarded a forfeiture of
On 17 December 1969 you were convicted by a summary court
pay.
martial (SCM) of a 26-day period of unauthorized absence, and
were sentenced to hard labor for thirty days and a forfeiture of
pay.
Prior to submitting
On 2 February 1970 you requested a discharge under other than
honorable conditions in order to avoid trial by court-martial for
a 27-day period of unauthorized absence.
this request for discharge, 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.
On 10 February 1970 the separation authority approved
your request and your commanding officer was directed to issue
you an undesirable discharge by reason of good of the service 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.
discharge.
On 13 February 1970 you received an undesirable
the Board carefully weighed all
and your service in Vietnam.
In its review of your case,
potentially mitigating factors such as your youth and
immaturity, the length of time that has passed since you were
discharged from the Marine Corps,
However, the Board concluded that these factors were not
sufficient to warrant recharcterization of your discharge given
your misconduct that resulted in a SPCM, a SCM, and an NJP, and
especially your request for discharge to avoid trial by court
martial for a 27-day period of unauthorized absence.
concluded that you received the benefit of your bargain when
your request for discharge was granted and should not be
permitted to change it now.
been denied.
will be furnished upon request.
The names and votes of the members of the panel
Accordingly, your application has
The Board
It is regretted that the circumstances of your case are such
that favorable action cannot be taken.
the Board reconsider its decision upon submission of new and
material evidence or other matter not previously considered by
it is important to keep in mind that
the Board.
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.
You are entitled to have
In this regard,
Sincerely,
W. DEAN P
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