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DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 3910-09
15 April 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 7 April 2010. The names and votes of the members
of the panel will be furnished upon reguest. 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 14 March 1988 at age 21. On 6 September 1988, you
received nonjudicial punishment (NJP) for unauthorized absence
(UA)and failure to go to your appointed place of duty. On 25
October 1988, you were convicted in a civil district court of
North Carolina of intoxication and disruptive behavior. From 25
January 1989 through 24 April 1990 you received NJP on three
additional occasions for UA, destruction of government property,
being incapacitated for the proper performance of duty,
insubordinate conduct, communicating a threat, and disobeying an
order. On 4 June 1990, charges were again referred against you
for UA, insubordinate conduct and drunk and disorderly conduct.
On 4 June 1990 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. On 22 June
1990 your request was granted and the commanding officer was
directed to issue you an 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 29 June 1990 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 four NUPsS, one Civil conviction,
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.
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,
LoS pou '
W. DEAN PF
Executive or
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