DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
. 2 NAVY. ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 00389-09
6 November 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 28 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.
yeu enlisted in the Marine Corps and began a period of active
duty on 20 June 1988, at age 18. On 1 August 1989, you were
counseled concerning your poor financial management regarding .
returned checks from the Enlisted Club and your over indulgence
Of alcohol. On 22 November 1989, you entered a period of.
unauthorized ‘absence (UA) for 110 days. Subsequently, on
30 April 1990, you submitted a written request for a good of the
service discharge in order to avoid trial by court-martial for
this period of UA. 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.
Your request for discharge was granted and on 17 May 1990, you
received an other than honorable discharge for the good of the
service 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 its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, and
overall record of service. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge because of your misconduct that resulted in
periods of UA totaling over three months, and your request for
discharge. The Board believed that considerable clemency was
extended to you when your request for discharge was approved. —
The Board also concluded that you received the benefit of your
bargain with the Navy when your request for discharge was granted
and 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 .. ai oF
‘presumption of regularity attaches to all official records. - _
Consequently, when applying for a correction of an official nava
record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice. ,
Sincerely,
W. DEAN PF R
Executive tor
2
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