DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX TRG
WASHINGTON DC 20370-5100 Docket No: 2296-08
12 November 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 November 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 12 January 1983 at age 20.
On 17 June 1983 you began a period of unauthorized absence which
lasted until you surrendered on 27 October 1983, a period of
about 132 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 132 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
23 December 1983 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 16 January 1984.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth when the
offense occurred and the good character references you submitted.
The Board also considered your contention that you were told that
the discharge would automatically change to honorable after six
months. However, there is no provision in the law or regulations
which would require recharacterization of a discharge based
solely on the passage of a period of time. The Board found that
these factors and contentions were not sufficient to warrant
recharacterization of your discharge given your record of
misconduct 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 since, by this action,
you escaped the possibility of confinement at hard labor anda
punitive discharge. Further, the Board 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 PFE
Executive D
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