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NAVY | BCNR | CY2007 | 10056-07
Original file (10056-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 SMW
 Docket No:10056-07
19 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 18 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 the evidence submitted was insufficient to establish the existence of probable material error or injustice.
On 30 August 1979, you enlisted in the Marine Corps at age 18. On 7 January 1981, you began an unauthorized absence (UA) that ended on 31 January 1981, a period of about 24 days. On 12 February 1981, you began another UA. On 13 November 1981, you were apprehended by civilian authorities and returned to military authorities on 2 December 1981, after about 283 days of tJA. On 15 December 1981, you requested an other than honorable (0TH) discharge for the good of the service to avoid trial by court-martial for the two periods of UA totaling 307 days. At that time, you consulted with counsel and acknowledged the consequences of receiving such a discharge. On 5 January 1982, the separation authority approved your request for an 0TH discharge. On 20 January 1982, you were separated with an 0TH 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 letter regarding your diagnosis of being an alcoholic and participation in a rehabilitation program. The Board also considered your contention that your alcohol abuse began while you were serving in the Marine Corps. 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 you abused alcohol or were diagnosed with alcoholism while serving in the Marine Corps, but even if there were such evidence, that would not excuse your 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,
                                                                                 W. DEAN PFEIFFER
          Executive Director

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