DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 8426-06
13 July 2007
Dear Si- a or
This is in reference to your application for correction of your
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 10 July 2007. 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 enlisted in the Marine Corps on 22 April 1970 at age 18 and
served two years and four months without disciplinary incident.
However, on 15 September 1972, you were convicted by summary
court-martial (SCM) of a 21 day period of unauthorized absence
(UA). You were sentenced to reduction to paygrade E-1,
confinement at hard labor for 30 days, and a $45 forfeiture of
pay. Shortly thereafter, on 1 November 1972, you were diagnosed
with viral hepatitis.
On 19 April 1973 you submitted a written request for an other
than honorable discharge in order to avoid trial by court-martial
for two periods of UA totalling 81 days. Prior to submitting
this request, 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 May 1973 your
commanding officer recommended your request be approved and
as a result of your using an unsterilized hypodermic needle to
inject drugs. On 24 May 1973 your request was granted and on 4
June 1973 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, combat service, passage of time, and request to
upgrade your discharge. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of your
discharge because of the seriousness of your misconduct which
resulted a court-martial conviction, and your request for
discharge for two lengthy periods 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 eos ;
W. DEAN r
Executive \Di tor
NAVY | BCNR | CY2006 | 06326-06
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 establishthe existence of probable material error or injustice.You enlisted in the Marine Corps on 21 December 1972 at age 17. As a result, on 12 February 1974, you...
NAVY | BCNR | CY2007 | 03334-07
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 15 November 1972 at age 19. Nevertheless, the Board concluded...
NAVY | BCNR | CY2006 | 07943-06
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 11 May 1970 at age 20. Nevertheless, the Board concluded these...
NAVY | BCNR | CY2006 | 08965-06
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.On 24 January 1972 you enlisted in the Navy at age 19. Furthermore, the Board believed that...
NAVY | BCNR | CY2002 | 05233-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 January 2002. 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...
NAVY | BCNR | CY2006 | 09812-06
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. On 4 June 1975 your request for an undesirable discharge was approved by the separation authority. 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.
NAVY | BCNR | CY2002 | 08125-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 May 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. On 12 April 1973 you received NJP for two periods of absence from your appointed place of duty, disobedience, and a five day period of UA. November 1976, you submitted a written request for an undesirable discharge in order...
NAVY | BCNR | CY2002 | 03542-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 August 2003. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2001 | 01378-01
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. 1973 you were convicted by special court-martial (SPCM) of a 75 day period of UA and were sentenced to confinement at hard labor for two months and a $400 forfeiture of pay. discharged.
NAVY | BCNR | CY2001 | 04729-00
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 September 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Documentary material considered by the Board consisted of Board. On 30 May The Board, in its review of your entire record and application, carefully considered all mitigating factors, such as your youth and immaturity, and...