DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 11336-09
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 30 June 1982 at age 17. You received nonjudicial
punishment (NUP) on four occasions for failure to go to your
appointed place of duty, insubordinate conduct toward a ,
noncommissioned officer, two instances of making false official
statements, three instances of breaking restriction and the
wrongful use of marijuana. You were counseled twice regarding
your misconduct and warned that further offenses could result in
administrative separation. On 20 April 1984, you submitted a
written request for an other than honorable (OTH) discharge in
order to avoid trial by court-martial for the pending charges of
two instances of unauthorized absence from your unit, making a
false official statement and larceny. 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 separation authority directed your OTH
discharge. As a resuit 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 25 May
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
Board concluded these factors were not sufficient to warrant
sscharacterization ef your discharge given the seriousness of
Fir miscondtict that resulted in four NJPs and request for
Mmveharge. ‘The Bbakd believed that considerable clemency was
Ktended to you when your request for discharge to avoid trial by
gpurt-martial was, approved. Finally, the Board concluded that
bu received *théMfenefit 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.
The Board also noted that as a result of you. prior honorable
service you may be eligible for veteran's benefits. You should
contact the nearest office of the Department of Veterans Affairs
it you desire clarification about your eligibility for those
benefits.
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,
\Dan de
W. DEAN PPRELTEF
Executive D cebr
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