DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
TRG
WASHINGTON DC 20370-5100 Docket No: 5292-08
17 December 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 9 December 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 for four years on 4 June 1982 at
age 19. During the period from 30 June 1983 to 10 June 1985 you
received nonjudicial punishment on four occasions. Your offenses
were an unauthorized absence of about 18 days and use of
marijuana on three occasions. On 29 August 1985 you began a
period of unauthorized absence which lasted until you were
apprehended on 1 April 1986, a period of about 246 days.
You then requested discharge under other than honorable
conditions for the good of the service to avoid trial by court-
martial for the 246 day period of unauthorized absence which was
approved. However, before you could be discharged the approval
for discharge was withdrawn and you were referred to trial by
court-martial. This action was apparently taken because an
investigation had revealed that some other charges were pending.
A special court-martial convened on 10 June 1986 and convicted
you of the 246 day period of unauthorized absence. The court
sentenced you to forfeitures of pay, confinement at hard labor
for 90 days and a bad conduct discharge. You began appellate
leave on 18 June 1986 and remained in that status until the bad
conduct discharge was issued on 9 March 1987.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and contention
that you were actually discharged in 1985 and all entries in your
record after that date are erroneous. The Board found that these
factors and contention were not sufficient to warrant
recharacterization of your discharge given your disciplinary
record and especially your conviction by special court-martial of
a lengthy period of unauthorized absence. Further there are no
apparent errors in the computation of your service since the time
you were an unauthorized absentee and the time you spent on
appellate leave is considered to be lost time. The Board
concluded that the 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,
\o )
W. DEAN PFHAF
Executive ector
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