DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 1645-07
5 May 2008
pplication for correction of your
provisions of. title 10 of the United
This is in reference to your a
naval record pursuant to the
States Code section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 16 April 2008. your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures appli
Board. Documentary material co
your application, together with all material submitted in support
thereof, your naval record and applicable statutes, regulations
and policies.
error or injustice.
The Board found that you enlisted in the Marine Corps on:6
January 1982. You received nonjudicial punishment on 29 July
1982 for an unauthorized absence of five days. On 3 March 1985
you requested discharge for the good of the service in lieu of
trial by court-martial for unknown offenses. The Board presumed,
however, that your request was based on your two periods of
unauthorized absence of a total duration of 365 days, the second
of which was terminated on 25 February 1985. Your request for
discharge was approved, and you were separated from the Marine
Corps with a discharge under other than honorable conditions on
28 March 1985,
The Board carefully weighed all potentially mitigating factors in
your case, such as your service as a member of the Beirut peace
keeping force, grief over the loss of some your fellow Marines in
a combat zone, and belief that your discharge would be
automatically upgraded six months after you were discharged. The
Board concluded that those factors were insufficient to warrant
recharacterization of your service,
your misconduct and your request for
by court-martial. The Board believes that considerable clemency
was extended to you when your request for discharge was granted,
as you avoided the real possibility of confinement at hard labor
and a punitive discharge. In addition, it found that there is no
law or regulation which provides for the automatic upgrading of
discharges. 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 PF FE
Executive D
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