DEPARTMENT OF THE NAVY
BOARD FOR C O R R E C T I O N O F NAVAL RECORDS
2 N A V Y A N N E X
WASHINGTON DC 20370-5100
TJR
Docket No: 10975-02
15 October 2003
This is in reference to your application for correction of your
naval record pursuant to the provisions of ~ i t l e 1 0 , United
States Code, Section 1 5 5 2 .
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 7 October 2 0 0 3 . 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 reenlisted in the Marine Corps on 30 June 1 9 8 0 after two
years of prior honorable service. You continued to serve without
disciplinary incident until 11 December 1 9 8 2 when you were
convicted by summary court-martial (SCM) of two specifications of
disobedience. You were sentenced to confinement at hard labor
for 3 0 days and reduction to paygrade E-3.
On 9 June 1 9 8 3 you received nonjudicial punishment (NJP) for a
seven day period of unauthorized absence (UA). The punishment
imposed was restriction and extra duty for 1 4 days and a $177
forfeiture of pay.
On 1 9 July 1 9 8 3 you began a period of UA that was not terminated
until 2 9 May 1 9 8 4 . On 1 2 June 1 9 8 4 you submitted a written
request for an other than honorable discharge in order to avoid
trial by court-martial for the foregoing period of UA totalling
3 1 5 days. 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. Subsequently, your request for
discharge was granted and on 26 June 1984 you received an other
than honorable discharge 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 entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity, prior honorable service, .and your
assertion that you were a good Marine. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge because of your repetitive
misconduct, which resulted in NJP, a court-martial.conviction,
and your request for discharge for a lengthy period of UA. The
Board believed that considerable clemency was extended to you
when your request for discharge was approved since, by this
action, you escaped the possibility of confinement at hard labor
and a punitive discharge. 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, *w
Executive Di e
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