DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 . TIR
Docket No: 7461-08
4 June 2009
panei of the Board for Correction of Naval
Records, Sitting in executive session, considered your
application on 2 June 2009. The names and votes of the members
of the panel will be furnished upon request. 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 daughter’s naval
record, and applicable Statutes, regulations, and policies.
Served without disciplinary incident until 22 August 1980, when
you began a four day period of unauthorized absence (UA)-that was
not terminated until 26 August 1980. About a month later, on 23
September 1980, you began another period of UA that wags not
terminated until 2 December 1982, During this period of UA you
were also declared a deserter. On 2 February 1982 You submitted
the stigma of a court-martial conviction and the potential
penalties of a punitive discharge and confinement at hard labor.
On 22 February 1983 you were issued an other than honorable
discharge.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, desire to upgrade your discharge, and the passage of
time. It also considered your assertions that you have suffered
long enough for your misconduct and that you were not aware of
the consequences regarding your discharge. Nevertheless, the
Board found the evidence and materials submitted were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your lengthy period of UA which
resulted in your request for discharge to avoid trial by court-
martial. Further, the Board believed that considerable clemency
was extended to you when your request for discharge to avoid
trial by court-martial was approved. Further, the Board
concluded that you received the benefit of your bargain with the
Marine Corps when your request for discharge was granted and as
such, the discharge should not be changed. Accordingly, your
application has been denied.
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,
Yoon
W. DEAN FER
Executive| Ditector
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