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NAVY | BCNR | CY2009 | 06072-09
Original file (06072-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

CRS
Docket No: 6072-09
16 July 2009

 

This ig. 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 8 July 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.

The Board founé that you enlisted in the Marine Corps on 27
September 1973. You received nonjudicial punishment and were
convicted by a special court-martial for offenses that included
four periods of unauthorized absence of 222 days total duration.

On 2 March 1977 you submitted a written request for discharge for
the good of the service in lieu of trial by court-martial for an
unauthorized absence of 76 days. Prior submitting this request
you conferred with a qualified military lawyer who advised you of
your rights and warned of the probable adverse consequences of
receiving a discharge under other than honorable conditions.

Your request was approved by the discharge authority, and you
received a discharge under other than honorable conditions on 11
March 1977.

In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your contention that you
served faithfully and that your discharge was unfair. It found
your contention insufficient to warrant corrective action in your
case.

The Board concluded that your service was properly characterized
as under other than honorable conditions, given your periods of
unauthorized absence. In addition, the Board believes that
considerable clemency was extended to you when your request for
discharge was approved since, by this action, you avoided the
possibility of a Federal conviction, confinement at hard labor
and a punitive discharge. Further, the Board concluded that you
received the benefit of your bargain when your request for
discharge was granted, and you 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,

W. DEAN PF

Executive Di Xr

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