DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON BDC 20370-5100
CRS
Docket No: 6943-09
27 January 2010
“s '
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 January 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 7
December 1977. You received three nonjudicial punishments for
offenses that included unauthorized absences and resisting
apprehension.
On 22 October 1980 you submitted a written request for discharge
for the good of the service in lieu of trial by court-martial for
unauthorized absences totaling 71 days. 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 discharge under other than honorable
conditions. Your request was approved by the discharge
authority, and you received a discharge under other than
honorable conditions on 3 November 1980.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your contention that you
were a victim of command disorganization and harsh treatment. It
found your contention insurficient to warrant corrective action
in your case.
The Board concluded that your service was properly characterized
as under other than honorable conditions, given your periods 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. Accordingly, your application has been denied. The
names and votes of the members of the panel will be furnished
upon request.
Concerning your request for expert marksmanship in pistol and
rifle as well as the correction of your middle name on your DD
Form 214, you should contact Headquarters Marine Corps, MMSB 10,
Quantico, VA for an administrative correction.
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,
Wax!
W. DEAN P
Executive
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