DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 05560-09
22 April 2010
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 21 April 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Marine Corps and began a period of active
duty on 2 August 1978. During the period from 3 August to 14
December 1981, you were in an unauthorized absence (UA) status
for 134 days. On 24 December you commenced another UA period of
four days. On 24 February 1982, you submitted a request for a
good of the service discharge to avoid trial by court-martial.
However, while your request was being processed, you were UA FOR
212 days. You continued this pattern of misconduct until
16 November 1982, when you had accumulated 360 days of UA.
Subsequently, on 19 November 1982, you submitted a written
request for an administrative discharge in order to avoid trial
by court-martial for the periods 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
commanding officer forwarded his recommendation that you be
discharged under other than honorable conditions by reason of
misconduct. Your request for discharge was granted and on
13 December 1982, 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. At that time
you were assigned an RE-4 reenlistment code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, conduct
and performance, and overall record of service. Nevertheless,
the Board found that these factors were not sufficient to warrant
changing the reason or characterization of your discharge, given
your record of misconduct, and the fact that you were counseled
and warned of the consequences of further misconduct. 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 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 oeffieial 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,
Ly Doen(
W. DEAN PFEIL
Executive Dingckor
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