DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 7791-07
4 September 2008
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 3 September 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.
You enlisted in the Marine Corps on 27 May 1981 at age 26.
During the period from 8 November 1982 to 16 October 1984 you
were in an unauthorized absence (UA) status for a period of 708
days. Although the discharge documentation is not in your
record, it appears that you requested discharge for the good of
the service to avoid trial by court-martial for this period of
UA. Regulations required that before making such a request, an
individual must be advised by military counsel concerning the
consequences of such a request. Since the record shows that you
were discharged by reason of good of the service to avoid trial
on 11 December 1984, the Board presumed that the foregoing
occurred in your case. Because you requested discharge in lieu
of trial, you avoided the possibility 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, post service conduct, and assertion of medical
problems. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of your lengthy period of UA and your request for
discharge. The Board believed that considerable clemency was
extended to you when your request for discharge was approved.
Further, the Board concluded you received the benefit of your
bargain with the Navy when your request for discharge was granted
and should not be permitted to change it now. Finally, there is
no evidence in your record, and you submitted none, to support
your assertion. 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,
Wess
W. DEAN PFET
Executive Di xr
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