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NAVY | BCNR | CY2005 | 06931-05
Original file (06931-05.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECT ON OF NAVAL RECORDS
                                    2 NAV ANNEX
WASHINGTON C 20370-5100


                                                      CRS
                                             Docket No: 6931-05
                                                                                           23 January 2007



This is in reference to your app lication for correction of your naval record pursuant to the pr visions of title 10 of the United States Code section 1552.
A three-member panel of the Boa d for Correction of Naval Records, sitting in executive
s e ssion, considered your application on 18 January 2007. Your allegations of error and injustice were reviewed in acco r dance with administrative regulations and procedures applicable to the proceedings of this Board. Documentary material co n sidered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and a p plicable statutes, regulations and policies.
After careful and conscientious c onsideration of the entire record, the Board found that the evidence submitted was insufficient to establish the ex i stence of probable material error or in j ustice.
The Board found that you enliste d in the Marine Corps on 23 January 1968. The record ref lec s that you received two nonjudicial punishments. Your o f fenses included an unauthorized absence of a day, failure to obey a lawful order, and possession of marijuana.
On 27 July 1970 you submitted a written request for an undesirable discharge in order t avoid trial by court-martial for use, possession and sale of marijuana . Prior to submitting this request you conferred with qualified military lawyer at which time you were advised of y o ur rights and warned of the probable adverse consequences of accepting such a discharge. Your request was granted and, as a result of this action, you were spared the stigma of a cour t -martial conviction and the potential penalties of a punitive discharge and confinement at hard labor. You received the un desirable discharge on 7 August
 1970.
In its review of your application the Board carefully weighed all potentially mitigating factors, such as your youth. Nevertheless, the Board found t h ese factors were not sufficient to warrant recharacterization o your discharge given your request for discharge to avoid rial for involvement with drugs. The Board believed that consider able clemency was extended to you when your request for discharge to avoid trial by court-martial was approved since, by this action , you escaped the possibility of confinement at hard labor an a punitive discharge. Further, the Board concluded that you re c eived the benefit of your bargain when your request for discharge was granted and should not be permitted to change it now. Ac c ordingly, your application has been denied. The names and vote s 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 take . You are entitled to have the Board reconsider its decision u on submission of new and material evidence or other matter not pr e viously considered by the Board. In this regard, it is important to keep in mind that a presumption of regularity attac h es to all official records. Consequently, when applying for a correction of an official naval record, the burden is on the ap p licant to demonstrate the existence of probable material error or injustice.
                           Sincerely,



ROBERT D . ZSALMAN
A c ting Executive Director

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