DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON Dc 20370-5100 REC
Docket No: 4078-09
21 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 21 October 2009. The names and votes of the
members of the panel will be furnished upon request. Your
allegations of error and injustice were reviewed in accordance
with administrative reguiations 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 14 February 1978, at age 17
and began a period of active duty on 28 July 1978. You served
for two years and four months without disciplinary incident, but
during the period from 4 July to 21 October 1980, you received
nonjudicial punishment (NJP) on four occasions for sleeping on
post, wrongful appropriation of a truck worth $5,000, three
specifications of making false official statements, and failure
to obey a lawful order by consuming alcoholic beverages im the
barracks.
During the period from 13 March to 21 April 1981, you received
three more NJP’s for disrespect, two specifications of failure
to obey a lawful order, an 11 day period of unauthorized absence
(UA), breaking restriction, and disobedience.
Although the discharge documentation is not in your record, it
appears that you requested discharge for the good of the service
to avoid trial by court-martial. Regulations required that
before making such a request, a Marine must be advised by
military counsel concerning the consequences of such a request.
Since the record shows that you were discharged by reason of
good of the service to avoid trial by court-martial on
13 July 1981, the Board presumed that the foregoing occurred in
your case. Because you requested discharge in lieu of trial by
court-martial, you avoided the possibility 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 desire to change the characterization of your
service. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge.
because of your repetitive misconduct which resulted in NJP on
several occasions, and your request for discharge. The Board
believed that considerable clemency was extended to you when
your request for discharge was approved. The Board further
concluded that you received the benefit of your bargain with the
Marine Corps when your request for discharge was granted and
should not be permitted to change it now. Accordingly, your
application has been denied. ,
Regarding your request for a copy of your service and/or medical
record, please be advised that the Board is not the authorized
custodian for personnel records, and does not maintain copies of
these records. However, you may obtain a copy of your naval
record by submitting the enclosed Request Pertaining to Military
Records, SF 180, to National Personnel Records Center (Military
Personnel Records), 9700 Page Boulevard, St. Louis, Missouri
63132.
It is regretted that the circumstances of your case are such
that favorable action cannot be taken. You are entitied 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,
\s Dean \
W. DEAN PFET
Executive Di
Enclosure
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