DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS SJN
2 NAVY ANNEX
WASHINGTON DC 20370-5100 Docket No: 02379-05
21 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.
You enlisted in the Marine Corps on 2 July 1980 at age 18. During the
period from 9 April 1981 to 6 July 1982 you received three nonjudicial
punisliments (NJP’s) for two brief periods of unauthorized absence (UA)
and sleeping on post.
On 7 February 1983 you submitted a written request for a good of the
service discharge in order to avoid trial by court-martial for a 119-day
period of UA. 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. Your request for discharge was granted and on 27 February 1983
you received an other than honorable discharge for the 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.
The Board, in its review of your entire record and application, carefully
weighed all potentially mitigating factors, such as your youth.
Nevertheless, the Board concluded these factors were not sufficient to
warrant recharacterization of your discharge because of your misconduct
that resulted in three NJP’s and especially your request for discharge to
avoid trial for a four month 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,
2
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