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DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 SON
Docket No: 016082~-09
25 November 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 Code, section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 24 November 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 February 1968 at age 17. On 18 December 1968, you
were convicted by special court-martial (SPCM) of 58 days of
unauthorized absence (UA). On 4 September and 15 October 19698,
you received nonjudicial punishment (NTP) for failure to go to
your appointed place of duty, and four days of UA. On 24 April
1970, you were convicted by a second SPCM of 21 days of UA, and
failure to go to your appointed place of duty.
On 9 June 1970, you began a period of UA that lasted 21 days,
ending on 20 dune 1970. Subsequently, on 13 August 1970,
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.
Your request for discharge was granted and on 30 October 1970,
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
ail 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 two
NUP‘’s, two convictions by SPCM, charges being preferred to a
court-martial for UA, and your request for discharge. 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,
Dwar {
W. DEAN PERI
Executive ter
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