DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMW
Docket No: 7454-07
13 May 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 7 May 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 9 January 1979, you enlisted in the Marine Corps at age 18.
During the period 31 July 1979 to 3 June 1981, you had six
nonjudicial punishments (NJP's) for three instances of
unauthorized absence (UA) totaling about 30 days, disobedience
of a lawful order, failure to go to your appointed place of
duty, and breaking restriction. On 24 August 1981, you began a
UA that ended on 26 October 1981, a period of about 63 days.
On 5 January 1982, you requested an other than honorable (OTH)
discharge for the good of the service to avoid trial by court-
Martial for the 63 day period of UA and willful disobedience of
a lawful order. At that time, you consulted with counsel and
acknowledged the consequences of receiving such a discharge.
On 13 January 1982, the separation authority approved your
request for an OTH discharge. On 27 January 1982, you were
separated with an OTH discharge for the good of the service to
avoid trial by court-martial. 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.
The Board, in its review of your entire record, carefully
considered all potential mitigation, such as your youth. The
Board also considered the letters that you provided regarding
your post service conduct and contention that alcohol abuse may
have attributed to your misconduct. Nevertheless, the Board
concluded that these factors were not sufficient to warrant
recharacterization of your discharge due to the seriousness of
your misconduct. Furthermore, the Board believed that
considerable clemency was extended to you when your request for
discharge to avoid trial by court-martial was approved. The
Board also 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.
Regarding your contention, there is no evidence in the record
to show that alcohol abuse may have attributed to your
misconduct, but even if there were such evidence, that would
not excuse misconduct. 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,
\ > io
ROBERT D“ZSALMAN
Acting. Executive Director
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