DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 5743-08
26 February 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 25 February 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
On 20 July 1979, you enlisted in the Marine Corps at age 22.
During the period 11 November 1979 to 18 December 1980, you
were in an unauthorized absence (UA) status on six occasions
totaling about 298 days. On 20 January 1981, you requested an
other than honorable (OTH) discharge for the good of the
service to avoid trial by court-martial for the six instances
of UA totaling 146 days instead of 298 days. At that time, you
consulted with counsel and acknowledged the consequences of
receiving such a discharge. On 26 January 1981, the separation
authority approved your request for an OTH discharge. On
18 February 1981, 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 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 and
desire for a better discharge. The Board also considered your
contention that you became an alcoholic during your military
enlistment and that you were denied assistance. Nevertheless,
the Board concluded that these factors were not sufficient to
warrant recharacterization of your service due to the
seriousness of your misconduct. Regarding your contention,
there is no evidence in the record to show that you were
diagnosed as being an alcoholic or requested or denied
substance abuse treatment. 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 PFET
Executive Di
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