DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 2055-03
11 September 2003
Your allegations of error and
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 9 September 2003.
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.
You reenlisted in the Marine Corps on 31 October 1980.
time, you had completed about three years of active service on a
prior enlistment.
September 1984, you received nonjudicial punishment on two
occasions and were convicted by a summary court-martial.
offenses were three instances of failure to go to your appointed
place of duty, assault,
resisting apprehension.'
YOU were an unauthorized absentee from 5 June 1985 and thirty
days later, you were declared a deserter. While you were in a
desertion status you received a gunshot wound to the face and
were seriously injured.
from desertion when you were admitted to the hospital on 17
September 1985.
until 7 November 1985.
On 2 December 1985 you were notified of discharge processing by
reason of misconduct due to a pattern of misconduct.
connection with this processing, you elected to waive the right
to have your case heard by an administrative discharge board.
The record shows that you remained hospitalized
During the period from 2 August 1982 to 9
You were considered to have returned
altering your driver's license and
At that
Your
In
On
You were discharged under other than honorable
such as your prior honorable
Subsequently, the discharge
Before, the discharge could be issued, you began
29 December 1995, you received nonjudicial punishment for the
foregoing 102 days of desertion.
authority directed discharge under other than honorable
conditions.
another period of unauthorized absence.
Whether you ever
returned to the Marine Corps cannot be ascertained from the
record.
conditions on 30 March 1986.
In its review of your application the Board carefully weighed all
potentially mitigating factors,
service and the fact that you were seriously injured while in the
Marine Corps.
However, the Board found that these factors were
not sufficient to warrant recharacterization of the discharge
given your repeated misconduct and especially the period of
desertion. The Board was aware that you were seriously injured
while you were in the Marine Corps.
However, you are not
entitled to benefits because the injury occurred while you were
in a desertion status.
The Board concluded that the discharge
was proper as issued and no change is warranted.
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
It is regretted that the circumstances of your case
are such that
You are entitled to have the
favorable action cannot be taken.
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.
The names and
Sincerely,
2
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