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DEPARTMENT OF THE NAVY >
BOARD FOR CORRECTION OF NAVAL RECORDS
‘ 2 NAVY ANNEX
WASHINGTON DC 20370-51006
SON
Decket No: 02408-09
7 January 2030
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 5 January 2010. 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
february 1973 at age 17. On 15 October 1974, you were
“convicted by special court-martial (SPCM) of two specifications
of unauthorized absence (UA) totaling 427 days. You were
sentenced to confinement at hard labor, a forfeiture of pay, and
a bad conduct discharge (BCD). However, on 4 November 1974, the
convening authority suspended a portion of confinement at hard
labor and the BCD for a period of six months. On 30 June and 15
July 1975, you received nonjudicial punishment (NJP) for two
instances of failure to go to your appointed place of duty and
two instances of breaking restriction. On 30 October 1975, you
began a period of UA that lasted 135 days, ending on 15 March
1976. Subsequently, on 13 April 1976, 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 were
warned of the probable adverse consequences of accepting such a
.Qischarge. Your request for discharge was granted and on 6 May
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, record of
service, post service accomplishments, and character letter
accompanying your application. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge because of your misconduct that resulted in a
conviction by SPCM for a lengthy period of UA, two NUP’s, charges
being preferred to a court-martial for a period of UA totaling
over four months, and 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,
Weeds
Executive tor
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