DEPARTMENT OF THE TLAWY
SOARD POR CORRECTION OF Navel RECOMUIS
2 NAVY ANNEX
WASHINGTON DG GO870-5100 .
SUN.
Docket No: Lo2524-08
Cc
5 October 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 Cede, section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 29 September 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You reenlisted in the Marine Corps on 20 November 1983 after
three years of honorable service. You served without incident
for over five years when charges were preferred against you for |
adultery. On 17 February 1989, you submitted a written request
for an other than honorable discharge in order to avoid trial by
court-martial. Prior to submitting this request for discharge,
you conferred with a qualified military lawyer, were advised of
your rights, and warned of the probable adverse consequences of
accepting such a discharge. Subsequently, your request for
discharge was granted and, on 7 April 1989, you received an other
than honorable discharge in lieu of trial by court-martial. 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.
The Board, in ita review of your application, carefully weighed
all potentially mitigating factors, such as your youth, prior
honorable service, and overall last period of service.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of seriousness of your mirconduct and you. request for
discharge. whe Board believed that considerable clemency was
ostended to you whan your request for dischasge was approved.
ruc Board aiso concluded that you received thea henefit of your
bargain with the Marine Coros wh: your request for discharge was
granted and should not be pexmittsed to change it now.
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,
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