DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 11275-09
13 August 2010
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 4 August 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 19 August 1981 at age 20. On 2 December 1981, you began
a 42 day period of unauthorized absence (UA) from your unit until
you were apprehended on 13 January 1982. On 1 February 1982, you
were UA from your unit for a period of 413 days until 21 March
1983. On 21 March 1983, you were again UA from your unit for a
period of 232 days until 8 November 1983. On 10 November 1983,
you began another period of UA from your unit until 17 April 1984
a period of 159 days. On 18 August 1976, you submitted a written
request for an other than honorable (OTH) discharge in order to
avoid trial by court-martial for the foregoing charges. 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 15 June 1984 you were discharged under OTH
conditions.
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
fRBoard concluded these factors were not sufficient to warrant
ygeecharacterization of your discharge given the seriousness of
“your misconduct that resulted in a periods of UA that totaled
Saver two years and three months and request for discharge. The
Board believed that considerable clemency was 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 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 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,
whe hdde
Executive D
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