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NAVY | BCNR | CY2007 | 06635-07
Original file (06635-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
                                              BOARD FOR CORRECTION OF NAVAL RECORDS
                                                      2 NAVY ANNEX
                                              WASHINGTON DC 20370-5100


SJN
 Docket No: 06635-07
28 May 2008








This is in reference to your application for correction of your naval record pursuant to the provisions of Title 10 of the U nit e d States Code, section 1552.
A three—member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 May 2008. 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 17 ‘November 1969 at age 18. On 17 November 1970, you submitted a written request for a good of the service discharge in order to avoid trial by court-martial for three periods of unauthorized absence (UA) totaling 27 days, disobedience, and escaping from confine m ent. Prior to submitting this request for discharge, you conferred w ith a qualified military lawyer, were advised of your rights, and warned of the probable adverse consequences of accepting such a discharge.
On 19 November 1970, your commanding officer (CO) forwarded your request recommending approval. However, on 21 December 1970, the convening authority disapproved your request and directed your CO to take appropriate action. On 6 January 1971, you were convicted by special court-martial (SPCM) of the three periods of H A, disobedience, and escaping from confinement. You were sentenced to confinement at hard labor, a forfeiture of pay, a reduction in paygrade, and a bad conduct discharge (BCD). On 3 May 1971, you waived your right to request restoration to full duty and received your BCD after appellate review was completed.
 The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth, overall record of service, and contention that you had a drug addiction and a mental illness that kept you from fulfilling your obligation. Nevertheless, the Board found that these factors were not sufficient to warrant recharacterization of your discharge or removing any hA periods from your official record given your conviction by SPCM. Concerning your contention, there is no evidence in the record to support it, and you submitted no such evidence. 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
 Executive Director






















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