DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BIG
Docket No: 8743-08
17 June 2009
Dea nail
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 17 June 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 and health records,
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 5 December 1983. On |
11 October 1986, 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 an unauthorized absence totaling approximately 50
days, which had ended with your apprehension by civil
authorities. 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 18 November 1986,
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 ail potential mitigation, such as your youth and
request for an upgrade. 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,
W. DEAN PF
Executive or
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