DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 00272-10
20 October 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 19 October 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 30 March 1981. The Board found that you received four
nonjudicial punishments (NUJP’s) for two instances of losing
government property, breaking restriction, possession of
Marijuana, three instances of public intoxication, driving under
the influence (DUI) of alcohol, and three days of unauthorized
absence. Additionally, you were counseled and warned on more
than one occasion that further misconduct could result in
administrative discharge action. Further, although the record
shows you volunteered for an antabuse and alcohol rehabilitation
to better yourself, you submitted a written request for an other
than honorable discharge in order to avoid trial by court-martial
for another DUI. Prior to submitting this request for discharge,
you conferred with a qualified military lawyer, were advised of
your rights, and were warned of the probable adverse consequences
of accepting such a discharge. Subsequently, your request for
discharge was granted and on 29 April 1983, you received an other
than honorable discharge in lieu of trial by court-martial. Asa
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.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service, and character letters. Nevertheless, the Board
concluded these factors were not sufficient to warrant
¥écharacterization, ef, your discharge given your four NJP’s for
gerious offenses, charges being preferred to a court-martial for
PIA and’ requestasfos discharge. The Board believed that
considerable clemency was extended to you when your request for
@tscharge 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.
Tn 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,
lpia. |
W. DEAN PB
Executive Di
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