DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
' 2 NAVY ANNEX
“WASHINGTON DC 20370-5100
CRS
Docket No: 244-093
22 December 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 December 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 2
OGtdber 1979. You received six nonjudicial punishments for
offenses that included failure to go to appointed place of duty,
sleeping on post, having an unauthorized guest in your room,
possession of alcohol in your room, drunk and disorderly conduct,
and willfully taking another Marine’s personal property.
On 2 December 1985 you submitted a written request for discharge
for the good of the service in lieu of trial by court-martial for
two periods of unauthorized absence totaling 1136 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 27 December i985.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and overall
record. The Board found those factors insufficient to warrant
corrective action in your case, given the lengthy period of your
unauthorized absences.
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,
\y
WAT LF
Executive esftior
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