DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 CRs
Docket No: 7322-08
27 November 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 24 November 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.
The Board found that you enlisted in the Marine Corps on 31
Buguet Lo 7B8..00n 26 March 1979 you received nonjudicial
oS Sand chment for an unauthorized absence of 41 days .
On 30 December 1980 you submitted a written request for discharge
for the good of the service in lieu of trial by court-martial for
two periods of unauthorized absence totaling 402 days. Prior to
submitting this request you conferred with a qualified military
lawyer who advised you of your rights and warned of the probable
adverse consequences of receiving a discharge under other than
honorable conditions. Your request was approved by the discharge
authority and you received a discharge under other than honorable
conditions on 6 February 1981.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your contention that you:
were told that your discharge would be automatically upgraded
after a period of time. The Board concluded that your service
was properly characterized as an under other than honorable
conditions given your lengthy periods’ of unauthorized absence. |
In addition, the Board believes that considerable clemency was
extended to you when your request for discharge was approved
since, by that action, you avoided the possibility of a Federal
conviction, confinement at hard labor and a 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. Lastly, there is no
rule or regulation that provides for the automatic upgrading of
one’s discharge. 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,
rue
W. DEAN PF
Executive estor
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