DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMW
Docket No: 2292-05
24 October 2005
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 19
October 2005. 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.
The Board found you enlisted in the Marine Corps on 25 June 1979 at
the age of 18. During the period from 7 May to 24 December 1980 you
received two nonjudicial punishments (NJP’s) for absence from your
appointed place of. duty, sleeping on post, and disrespect.
On 1 July 1981 you began a period of unauthorized absence (UA) that
ended on 10 August 1981, a period of about 40 days. On 28 August 1981
you requested an other than honorable discharge to avoid trial by
court-martial for this UA. At this time you consulted with counsel,
and acknowledged the consequences of requesting and receiving such a
discharge. Subsequently, on 3 September 1981, your request was
granted. You were discharged on 18 September 1981 with an other than
honorable discharge. As a result of this action, you were spared the
stigma of a courtmartial conviction and the potential penalties of a
punitive discharge and confinement at hard labor.
The Board, in its review of your entire record, carefully considered all
mitigating factors, such as your youth and your contention that your
conduct was affected by the use of drugs and alcohol. However, the Board
found the evidence and materials submitted were not sufficient to warrant
recharacterization of your discharge given the repetitive misconduct,
especially the UA of 40 days. The Board believed that considerable clemency
was extended when your request for discharge to avoid trial by court-
martial was approved since, by this action, you escaped the possibility of
confinement at hard labor and a punitive discharge. In addition, there is
no evidence in the records to show that you abused drugs or alcohol while
in the service.’ Further, the Board concluded that you received the benefit
of your bargain with the Marine Corps 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,
2
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