DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 5223-609
24 August 2010
This ig 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 4 August 2010. 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 27 June
1978. You were absent without authority from 31 March 1981 to 14
April 1987. On 2 June 1987 you submitted a written request for
Gischarge for the good of the service in lieu of trial by court-
martial for that absence. 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 Gischarge under other than honorable conditions.
Your request was approved by the discharge authority; and you
received a discharge under other than honorable conditions.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your contention that you
only had three months to serve. It found your contention
insufficient to warrant corrective action in your case.
The Board concluded that your characterization of service was
proper, given your lengthy period of unauthorized absence. In
addition, the Board believes that considerable clemency was
extended to you when your request for discharge was approved
since, by this 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.
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,
\o Worn
W. DEAN PFEL!
Executive Di
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