DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 00934-10
28 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 26 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 26 November 1991. The Board found that you received two
nonjudicial punishments (NJP’s) for unauthorized absence (UA),
two instances of disobedience, and possessing alcoholic beverages
in the barracks. You were also convicted by special court-
martial (SPCM) of one day of UA, disorderly conduct, wrongful
overindulgence of alcoholic beverages, and two specifications of
breaking restriction. On 1 April 1993, you submitted a written
request for an other than honorable discharge in order to avoid
trial by court-martial for disobedience and breaking restriction.
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 21 April 1993, you received an other than
honorable discharge in lieu of trial by court-martial. 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.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service, and post service medical issues. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge given your misconduct that
resulted in two NJP’s, conviction by SPCM, charges being
preferred to a court-martial for serious offenses, and request
for discharge. The Board believed that considerable clemency was
extended to you when your request for discharge 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.
Accordivigly, 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,
\S Dun
W. DEAN PFRIF
Executive D Om
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