DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
RDZ:ecb
Docket No. 02194-08
20 April 2009
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 15 April 2009. 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 1 September 1977. Between
January 1978 and June 1980 you received four nonjudicial
punishments. Your offenses were five instances of sleeping on
post, failure to obey a lawful order and possession of
marijuana. On 17 October 1980, after conferring with a military
lawyer you requested that you be given an other than honorable
discharge (OTH) rather than face trial by court-martial for 78
days of unauthorized absence. Your request was granted on 17
November 1980 and you were thus able to avoid a court-martial
sentence that could have concluded a bad conduct discharge and a
substantial period of confinement at hard labor. You received
an OTH on 3 December 1980.
In its review of your application the Board concluded that in
view of your lengthy period of unauthorized absence and your
prior disciplinary record your discharge was proper as issued
and should not be changed now as.a matter of clemency. The
Board believed that you were shown substantial clemency when
your request for an OTH was granted in lieu of your being tried
by court-martial.
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,
fh
W. DEAN brE PF ~
Executive D ckigr
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