DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BJG
Docket No: 8492-08
14 May 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 14 May 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 health record, 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 entered active
duty in the Marine Corps on 4 November 1986. On 11 April 1987,
you received nonjudicial punishment for a two day period of
unauthorized absence (UA). On 9 December 1989, you entered
another period of UA, which was not terminated until you were
apprehended on 28 June 1990. On 28 August 1990, you consulted
with a qualified military counsel and requested an other than
honorable (OTH) discharge for the good of the service (GOS) to
avoid trial by court-martial for the UA totaling approximately
177 days. 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. Your GOS
request was approved, and on 27 September 1990, you received the
OTH discharge for the GOS to avoid trial by court-martial, and
were assigned an RE-4 reenlistment code.
The Board, in its review of your entire record, carefully
considered all potential mitigation, such as your youth and
desire to continue your current career. However, the Board
concluded that these factors were not sufficient to warrant
recharacterizing your OTH discharge because of your commission
of very serious misconduct. 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.
In view of the above, 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
ROBERT ieee
Acting Executive Director
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