DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 11503-08
26 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 Code section 1552. .
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 16 October 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 19
September 1983. You received two nonjudicial punishments for
offenses that included an unauthorized absence and use of cocaine
and marijuana.
On 12 March 1987 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 11 days, willful disobedience of a
lawful order, and wrongfully having sexual intercourse with a
woman not your wife. 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 27.
September 1987.
In its review of your application the Board carefully weighed all.
potentially mitigating factors such as your youth, overall
service, and your contention that you had symptoms of
posttraumatic stress disorder that caused your misconduct. The
Board concluded that your service was properly characterized as
under other than honorable conditions. In addition, the Board
believes that considerable clemency was extended to you when your
request for discharge was approved since, by this 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,
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