DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 6456-05
20 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 18 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 that the evidence submitted was insufficient to establish
the existence of probable material error or injustice.
You enlisted in the Marine Corps on 15 January 1981 at age 18.
Documentation in the record shows that you were then an unauthorized
absentee from 9 January 1982 to 9 June 1987, a period of about 5 years
and 5 months. However, the lost time block on the DD Form 214 shows that
you were an unauthorized absentee from 9 January 1982 to 14 January
1985. The reason for the different periods of unauthorized absence
cannot be ascertained based on the available records.
The discharge processing documentation is not filed in your service
record. However, the DD Form 214 indicates that you submitted a written
request for a discharge under other than honorable conditions in order
to avoid trial by court-martial, apparently for a lengthy period of
unauthorized absence. The Board assumed that prior to submitting this
request 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. The Board found that your
request was granted and, 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. You were
discharged on 27 July 1987.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and the contention that
you have been a good citizen since discharge. The Board found that these
factors were not sufficient to warrant recharacterization of your discharge
given your lengthy unauthorized absence and especially your request for
discharge to avoid trial for this offense. The Board believed that
considerable clemency was extended to you 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. Further, the Board concluded that you received the benefit of
your bargain when your request for discharge was granted and you should not
be permitted to change it now. The Board concluded that your discharge was
proper as issued and no change is warranted.
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
Upgrade discharge
15Jan81 Enlisted USMC age 18
UA 0001, 9Jan82 to 1800,9Jun87
(about 5 years, 5 months)
Discharge package is not filed
In the record. However, he requested
Discharge for the good of the service
In order to avoid trial by court-
Martial. - DD Form 214 shows UA
From 9Jan82 to 14Jan85 or 1090
Days
27Jul87 discharged under other than honorable conditions - Separation
in lieu of trial by
court-martial
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