DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
RDZ:ecbh
Docket No. 06084-08
21 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 18 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.
Your record shows that you served on active duty in the Navy
from 13 January 1987 until 12 January 1989 when you were
honorably discharged. On 27 September 1990 you enlisted in the
Marine Corps at age 26. You received nonjudicial punishment
(NJP) on 28 January 1991 for being absent from your appointed
place of duty. Some two months later you began a period of
unauthorized absence (UA) that lasted for over three years and
was only terminated when you were arrested by civil authorities.
More specifically you went UA on 3 March 1991 and were
apprehended on 20 March 1994 resulting in a total period of UA
of 1114 days.
Upon your return to military control you requested that you be
given an administrative discharge under other than honorable
conditions (OTH) rather than be tried by court-martial for 1114
days of UA. Your request was granted and you thereby avoided
the stigma of a court-martial conviction as well as the
imposition of a bad conduct discharge and having to serve a
substantial period of confinement at hard labor.
In its deliberations the Board concluded that your OTH discharge
was more than warranted by your extremely lengthy period of UA
which was only terminated by apprehension. Moreover the Board
concluded that you received considerable clemency when your
request to avoid trial court-martial was granted and that
additional clemency was not warranted.
Regarding your request for corrections to your DD Form 214 this
matter was referred to Marine Corps authorities who have
informed the Board that a corrected DD Form 214 will be issued
to you.
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,
I Yus.
W. DEAN I
Executive tor
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