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DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 3771-09
23 February 2010
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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 3 February -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
duty on 17 November 1970 at age 23. On 5 January 1972, you were
convicted at a special court-martial (SPCM) of a 134 day period
of unauthorized absence (UA) from your unit. On 7 November 1972,
you received nonjudicial punishment (NUP) for failure to obey a
lawful order. On 9 February 1973, you submitted a written
request for a good of the service discharge in order to avoid
trial by court-martial for possession of one gram of marijuana,
and for the wrongful sale of marijuana. You conferred with a
qualified military lawyer, you were advised of your rights, and
warned of the probable adverse consequences of accepting such a
discharge. Based on the information currently contained in your
record your commanding officer forwarded his recommendation that
you be discharged for the good of the service with an undesirable
discharge. On 23 February 1973, the separation authority
directed an undesirable discharge for the good of the service.
On 13 March 1973 you were so discharged. 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, overall
record of service and the character letters accompanying your
application. Nevertheless, the Board concluded these factors
were not sufficient to warrant recharacterization of your
discharge given the seriousness of your misconduct and request
for discharge to avoid trial. 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 xequest 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,
Executive
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