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NAVY | BCNR | CY2007 | 08366-07
Original file (08366-07.rtf) Auto-classification: Denied
                          DEPARTMENT OFTHE NAVY
                           BOARD FOR CORRECTION OF NAVAL RECORDS
          WASHINGTON DC 20370-5100        








                  TRG
                  Docket No: 8366-07
          21 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 6 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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.
You enlisted in the Marine Corps on 25 February 1981 at age 17. You then served for more than two years without incident. On 9 September 1983 you received nonjudicial punishment for an unauthorized absence of about five days. On 5 January 1984 you began a period of unauthorized absence which lasted until you surrendered on 5 November 1984, a period of about 306 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 306 day period of unauthorized absence. 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 17 December 1984 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 4 January 1985.
In its review of your application, the Board carefully weighed all potentially mitigating factors, such as your youth, period of good service and your claim that you suffered from depression
 following the death of several close relatives. The Board found that these factors were not sufficient to warrant recharacterization of your discharge given your extensive period of unauthorized absence and especially your request for discharge to avoid trial for the offense. 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 when your request for discharge was granted and you should not be permitted to change it now. The Board 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 PFEIFFER
Executive Director

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