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NAVY | BCNR | CY2006 | 02218-06
Original file (02218-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
                                                                        TJR
                                                                                          Docket No: 2218-06
                                                                                          8 September 2006


This is in reference to your application for correction of you 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 6 September 2006. Your allegations of error 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 2 February 1967 at age 19 and served without disciplinary incident until 3 January 1968, when you received nonjudicial punishment (NJP) for a six day period of unauthorized absence (UA). On 3 December 1968 you received NJP for three periods of UA totaling 54 days and were awarded correctional custody for 30 days.
During the period from 4 February to 2 July 1969 you were in a UA status on three occasions for 130 days. As a result, on 21 August 1969, you submitted a written request for an undesirable discharge in order to avoid trial by court-martial. During the period from 2 to 17 September 1969 you were again in a UA status for 15 days. However, the record does not reflect that any disciplinary action was taken for this period of UA.
Prior to submitting the foregoing 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 17 September 1969 your request for discharge was granted and on 24 September 1969 you received an undesirable 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 service in Vietnam, especially your three awards of the Purple Heart. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of your repetitive and lengthy periods of UA from the Marine Corps which resulted in two NJPs and 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,
















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