DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 1320-10
29 October 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 27 October 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
inj ustiee.
You enlisted in the Marine Corp and began a period of active duty
on 1 November 1976 at age 19. You received nonjudicial
punishment (NJP) on three occasions for assault, failure to obey
a lawful order and unauthorized absence (UA) from your unit. On
30 September 1978, you were UA from your unit for a period of
over seven years, until you were apprehended by civil authorities
in Jacksonville, Florida, on 18 September 1986. On 17 October
1986, you submitted a written request for an other than honorable
(OTH) discharge in order to avoid trial by court-martial for the
foregoing charge of UA. 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 Gischarge. 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 4 November
1986, 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
recharacterization of your discharge given the seriousness of
your misconduct that resulted in three NUPs, a period of UA that
totaled over seven years and 11 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
syou received the benefit of your bargain with the Marine Corps
@when your request for discharge was granted and should not be
"BRermitted to change it now. Finally, there is no provision of
law or in Navy regulations that allows for the recharacterization
gof service due Solely to the passage of time. Accordingly, your
application has been denied. The names and votes of the members
of the panel will be furnished upon request.
Regarding your request for a copy of your Certificate of Release
or Discharge from Active Duty (DD Form 214), please be advised
that the Board is not the authorized custodian of personnel
records, and as such does not maintain copies of these records.
However, you may obtain a copy of your naval record by submitting
the enclosed Request Pertaining to Military Records (SF 180), to
the National Personnel Records Center (Military Personnel
Records), 9700 Page Boulevard, St. Louis, Missouri 63132.
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 efficial 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,
(oud
W. DEAN PFEI EB
Executive Di
Enclosure
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