DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 8490-06
20 February 2008
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the United
4 Tan
fis tee GS
States Code section
three member panel of the Roard for Correction of Naval
oo ru / Ty roiderecd yOu
app. e rd Your ailegations of error and
wy wh Es ENG mo osccordance with administrative
is and procedures applicable to the proceedings of this
regu
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 25 April 1990 at age 17 with
an agreement to accept the Combat Arms Option. On 2 January 1991
you began a period of unauthorized absence (UA) which lasted
until you were apprehended on 9 February 1991, a period of about
37 days.
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 37 day period of UA. Your
record also shows 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 on 30 April 1991 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 22 May
1991.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and contention
that you .were lied to about the training you were to receive. You
also state that you did not like military service and did
everything you could in order to achieve an early discharge. 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 UA 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 also 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,
W. DEAN PFETPREG
Executive Dike :
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