DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 6805-05
5 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 4 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 29 October 1976 at age 20.
on 3 July 1978 you received nonjudicial punishment for three
periods of unauthorized absence totaling about three days.
Subsequently, you were an unauthorized absentee for about five
days for which no disciplinary action was taken. On 7 August
1978 you began another period of unauthorized absence which
lasted until you surrendered on 27 July 1980. You were then an
unauthorized absentee from 22 to 26 August 1980. On 6 October
1980 you began another period of absence and remained absent
until you surrendered on 30 March 1992.
Your military record shows that you submitted a written request
for a discharge under other than honorable conditions in order
to avoid trial by court-martial for the two periods of
unauthorized’ absence totaling about 720 days and the period of
desertion totaling about 4193 days. The discharge package is not
filed in your record, however, regulations required that prior
to submitting this request you confer with a qualified military
lawyer at which time you would have been 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 25 May 1992.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your family problems and your
contention that you have been a good citizen for many years. The Board
found that these factors were not sufficient to warrant recharacterization
of your discharge given your record of misconduct and especially your
request for discharge to avoid trial for the offenses. 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.
2
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