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NAVY | BCNR | CY2004 | 02052-04
Original file (02052-04.rtf) Auto-classification: Denied

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


 FC
                                                                                                    Docket No: 2052-04
                                                                                                   9 August 2004


 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 t hr ee-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 August 2004. 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 o ro ~r irru~ticw,
The Board found that you enlisted in the Marine Corps on 17 June 1986 at age 19. On 17 November 1986 you received nonjudicial punishment (NJP) for a nine-day period of unauthorized absence (UA), and were awarded forfeitures of pay and restriction. A portion of the forfeitures was suspended for six months. On 9 February 1988 you were convicted by summary court martial (SCM) of a 33-day period of UA. You were sentenced to a forfeiture of pay, 10 days of confinement, and a reduction to paygrade E-2. On 5 May 1988 you were counseled about your deficiencies in conduct and performance.
On 6 July 1988 you requested an other than honorable discharge in order to avoid trial by court-martial for a 51-day period of UA. Prior to submitting this request for discharge, you conferred with a qualified military lawyer at which time you were advised of your rights and warned of the probable adverse consequences of accepting such a discharge. On 17 July 1988 the separation authority approved your request and the commanding officer was directed to issue you an other than honorable discharge by reason of 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. On 2 August 1986 you received an other than honorable discharge.






In its review of your case, the Board carefully weighed all potentially mitigating factors such as your youth, the length of time that has passed since you were discharged from the Marine Corps, and your good post service adjustment. The Board concluded that these factors were not sufficient to warrant recharcterization of your discharge because of your NJP and conviction by SCM, and especially your request for discharge to avoid trial by court martial. The Board concluded that you received the benefit of your bargain when your request for discharge was granted and should not be permitted to change it now.
The Board also noted that the National Personnel Records Center issued a DD Form 215 that corrected you social security number on the DD Form 214 issued to you at the time of your discharge, a copy of which is enclosed.
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,






 Enclosure









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