DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 8417-06
13 July 2007
ae
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 10 July 2007. 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 12 October 1987 at age 18 and
served without disciplinary incident until 27 July 1988, when you
were convicted by summary court-martial (SCM) of dereliction of
duty, sleeping on post, and failure to go to your appointed place
of duty. You were sentenced to reduction to paygrade E-1,
confinement for 29 days, and a $446 forfeiture of pay. About a
month later, on 29 August 1988, you received nonjudicial
punishment (NUP) for wrongful possession of a live round of
ammunition. The punishment imposed was restriction and extra
duty for 14 days and a $140 forfeiture of pay.
On 12 December 1988 you submitted a written request for an other
than honorable discharge in order to avoid trial by court-martial
for misconduct in a restricted area, specifically, wrongful
entry, wrongfully consuming alcohol, making a false official
statement by denying that.you bought alcohol for and contributed
to the delinquency of minors, disorderly conduct, discreditable
conduct, and providing alcohol to minors. Prior to submitting
this request, you conferred with a qualified military lawyer,
were advised of your rights, and warned of the probable adverse
consequences of accepting such a discharge. Subsequently, your
request was granted and on 9 March 1989 you received an other
than honorable discharge in lieu of trial by court-martial. Asa
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, passage of time, post service conduct, and request to
upgrade your discharge. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of your
discharge because of the seriousness of your misconduct which
resulted NUP, a court-martial conviction, and in your request for
discharge. 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,
W. DEAN P E
Executive tor
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