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NAVY | BCNR | CY2008 | 09650-08
Original file (09650-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX

WASHINGTON DC 20370-5100

 

SIN
Docket No: 09650-08
14 August 2009

 

This is in reference to -your application for correction of your
naval record pursuant to the provisions of Title 10 of the United
States Come, section 1552.

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 11 August 2009. 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 and began a period of active
duty on 29 January 1973 at age 18. On 2 and 18 July 1973, you
received nonjudicial punishment (NIP) for 39 days of unauthorized
absence (UA), threatening another Marine with bodily harm, and
assault.

On 31 August 1973, you began a period of UA that lasted over two
years, ending on.17 November 1975. Subsequently, on 15 December
1975, you submitted a written request for a good of the service
discharge in order to avoid trial by court-martial for that
period of UA. Prior to submitting this 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 18 and 19 December 1975, you
received NJP for breach of the peace, disobedience, and absence
from your appointed place of duty.
Your request for discharge was granted and on 10 February 1976,
you received an other than honorable discharge for the good of
the service 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 application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge because of your misconduct that resulted in
four NJP's, and charges being preferred to a court-martial for a
period of UA totaling over 26 months. The Board believed that
considerable clemency was extended to you when your request for
discharge was approved. 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,

\ Won’

W. DEAN PF
Executive D xr

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