DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 TAL
Docket No: 01950-09
20 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 12 November 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 reenlisted in the Marine Corps on 21 August 1976 after two
years of honorable service, On 18 April 1977, you began a period
of unauthorized absence (UA) that lasted three years, six months
and 28 days, ending on 12 November 1980. Charges were preferred
against you for that period of UA. On 26 January 1981, you
submitted a written request for an other than honorable (OTH)
discharge in order to avoid trial by court-martial. 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. Subsequently, your request for discharge was granted
and, on 30 January 1981, you received an OTH discharge 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 last period of service. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge given your period of UA
lasting over three and one half years and your voluntary request
for separation. 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 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.
Sincerely,
\WpepSsslad
W. DEAN P
Executive Dilrec
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