DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 8964-09
11 dune 2010
This ig 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 panei of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 9 June 2010. 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 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 3 August 1981 at age 24. On 20 March 1984, you received
nonjudicial punishment (NIP) for unauthorized absence (UA) from
your unit for two days and wrongfully borrowing $570 from a
junior Marine. You were awarded reduction in paygrade and 30
days in correctional custody. The correctional custody was
suspended for six months; but on 17 July 1984 this suspension was
vacated due to your continued misconduct. On 1”? July 1984, you
received NOP for failure to go to your appointed place of duty
(fire watch), UA from your unit for one day and disobeying a
lawful order. On 18 November 1976, you submitted a written .
request for an other than honorable (OTH) discharge in order to
avoid trial by court-martial for willfully disobeying a lawful
order on 28 Jume 1984. Prior to submitting this request you
conferred with a qualified military lawyer at which time you were
advised of your rights and warned of the probable adverse
consequences of accepting such a discharge. Your request was
granted and the commanding officer directed your OTH discharge.
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. On 23 November
1976 you were discharged under OTH conditions. On 21 May 1986
the Naval Discharge Review Board (NDRB) upgraded the
characterization of your discharge to general under honorable
conditions based on the finding that the nature and severity of
the offense charged and your service record would not have
resulted in a bad conduct discharge.
The Board, in its review of your entire record and application
carefully weighed all potentially mitigating factors, such as
your youth and overall record of service. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge given the seriousness or
your misconduct. The Board believed that considerable clemency
wag extended to you when your request for discharge to avoid
trial by court-martial was approved. Further, the Board
concluded that you received the benefit of your bargain with the
Marine Corps when your request for discharge was granted. The
Board noted you were fortunate that your characterization was
changed by NDRB to general discharge. 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,
\ Noah
W. DEAN PFET
Executive Di
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