DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 9540-07
23 June 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 4 June 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.
The Board found that you enlisted in the Marine Corps on 11
August 1986. You received nonjudicial punishment for an
unauthorized absence and were convicted by special court-martial
of dereliction of duty.
On 20 December 1989 you submitted a written request for discharge
for the good of the service in lieu of trial by court-martial for
being absent in desertion from 6 May 1988 to 6 December 1989.
Prior to submitting this request you conferred with a qualified
military lawyer who advised you of your rights and warned of the
probable adverse consequences of receiving a discharge under
other than honorable conditions. Your request for discharge was
approved by the separation authority, and you were discharged
under other than honorable conditions on 26 January 1990.
The Board concluded that your service was properly characterized
as under other than honorable conditions, given the serious
nature of your misconduct and the absence of significant matters
in extenuation or mitigation of your offense. The Board believes
that considerable clemency was extended to you when your request
for discharge was granted, as you avoided the possibility of
being confined at hard labor and receiving a punitive discharge.
You received the benefit of your bargain and 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.
Tt 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,
los Deans
W. DEAN
Executive\ Diy ¥ctor
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