DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 1638-08
6 October 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 1 October 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 17 December 1985, you enlisted in the Marine Corps at age
18. On 5 August 1986, you had nonjudicial punishment for six
instances of absence from your appointed place of duty,
sleeping on post, and willful disobedience of a lawful order.
On 20 October 1986, you began an unauthorized absence (UA) and
were apprehended by civilian authorities on 30 December 1986.
On 18 March 1987, you were returned to military authorities
after being in a UA status for about 149 days. On
24 March 1987, you requested an other than honorable (OTH)
discharge for the good of the service to avoid trial by court-
martial for the 149 day period of UA. At that time, you
consulted with counsel and acknowledged the consequences of
receiving such a discharge. On 14 April 1987, the separation
authority approved your request for an OTH discharge. On
20 April 1987, 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 another
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 and
belief that enough time has elapsed to warrant upgrading your
discharge. Nevertheless, the Board concluded that these
factors were not sufficient to warrant recharacterization of
your discharge due to the seriousness of your misconduct.
Further, there is no provision in the law or regulations that
allows for recharacterization of service due solely to the
passage of time. 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.
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 P
Executive tor
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