DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMW
Docket No: 5593-07
7 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
States Code, section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 6 February 2008. 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.
On 15 June 1993, you enlisted in the Marine Corps at age 18. On
14 November 1993, you began an unauthorized absence (UA) that
ended on 4 January 1994, a period of about 51 days. On
11 February 1994, you requested an other than honorable (OTH)
discharge for the good of the service to avoid trial by court-
martial for the charge of UA. On 16 March 1994, the separation
authority approved your request for an OTH discharge for the good
of the service to avoid trial by court-martial. On
23 March 1994, you were so discharged.
The Board, in its review of your entire record, carefully
considered all potential mitigation, such as your youth. The
Board also considered your contention that you went UA to consult
your family physician after you were refused treatment at a
military sick call. Nevertheless, the Board found the evidence
and materials submitted were not sufficient to warrant changing
the characterization of service due to the seriousness of your
misconduct. 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. Regarding your contention, there is no evidence in
the record to show that you were ever denied medical care.
Furthermore, a knee injury or pain does not excuse misconduct.
Finally, the Board concluded that you received the benefit of
your bargain with the Marine Corps when your request for
discharge was granted and you 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 te
Executive Dir
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