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NAVY | BCNR | CY2006 | 04787-06
Original file (04787-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-Si 00


 SMW
 Docket No: 4787-06
28 September 2006



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 27 September 2006. 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.
The Board found you enlisted in the Marine Corps on 4 March 1974 at age 19. On 12 June and 2 July 1975 you received nojudicial punishments (NJPs) for nine instances of failure to obey a lawful order and two instances of absence from your appointed place of duty.
During the period from 21 July to 7 August 1975 you were in an unauthorized absence (UA) status on two occasions totaling about 16 days. On 8 September 1975 you requested an undesirable discharge for the good of the service to avoid trial by court-martial for these two instances of UA and escape from lawful custody. At this time, you consulted with counsel and acknowledged the consequences of receiving such a discharge. The separation authority granted your request and, on 9 October 1975, you were separated with an undesirable discharge. 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, carefully considered all mitigating factors, such as your youth and your contention that a gunnery sergeant made your life miserable in the Marine Corps for no good reason. Nevertheless, the Board found that these factors a~d contentions were not sufficient to warrant recharacterization of your discharge due to your repetitive misconduct. The Board believed that considerable clemency was extended to you when the request for discharge to avoid trial by court-martial was approved since, by this action, you escaped the possibility of confinement at hard labor and a punitive discharge. Further, the Board concluded that you received the benefit of your bargain with the Marine Corps when your request for discharge was granted and you should not be permitted to change it now. Regarding your contentions, disciplinary actions are not administered unless an individual commits an offense in direct violation of the Uniform Code of Military Justice. Further, it appears that your commanding officer attempted to provide you an opportunity to overcome your deficiencies since the NJP of 12 June 1975 included nine offenses that began as early as 21 May 1975. 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.       DEAN PFEIFFER
          Ex ecutive Director

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