DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
"WASHINGTON DC 20370-5100
BAN
Docket No: 00125-09
19 October 2009
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Marine Corps on 2 November 1982, and served
without disciplinary incident until 13 January 1984, when you
received nonjudicial punishment for unauthorized absence (UA), in
excess of three months, and two specifications of failure to obey
a lawful order. In addition, you were pending court-martial
charges for UA in excess of 20 days, and for the illegal use and
possession of a controlled substance (marijuana). You requested
through counsel, to be separated to escape a trial by court-
Martial. Therefore, on 17 April 1984, you were separated with an
other than honorable discharge and an RE-4 reenlistment code,. in
lieu of a 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 its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and claim of a medical condition of Attention Deficit
Disorder. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of the seriousness of your 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. 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.
Nor
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Executive Di
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