DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 10460-08
17 February 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 11 February 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 1 July
1973. On 22 February 1988 you submitted a written request for
discharge for the good of the service in lieu of trial by court-
martial for an unauthorized absence of 4358 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 23 February 1988.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your overall service and
good post service conduct. It found those factors insufficient
to warrant corrective action in your case.
The Board concluded that your service was properly characterized
as under other than honorable conditions given your lengthy
period 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. 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,
Copy to: The American Legion
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