DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 4276-10
6 April 2011
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 5 April 2011. 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You entered active duty in the Marine Corps on 15 February
1983. Your record is incomplete, but it appears that you
requested an under conditions other than honorable (OTH)
discharge for the good of the service to avoid trial by court-
martial for a 217 day period of unauthorized absence. At that
time, you would have consulted with qualified military counsel
and acknowledged the adverse consequences of receiving such a
discharge. The separation authority approved your request for
an under conditions OTH discharge. On 10 March 1986, you were
separated with an under conditions OTH discharge for the good
of the service to avoid 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 entire record, carefully
considered all potential mitigation, such as your youth.
Nevertheless, the Board concluded that these factors were not
sufficient to warrant recharacterization of your discharge due
to your serious act of misconduct. Furthermore, the Board
believed that considerable clemency was extended to you when
your request for, dischgirge to avoid trial by court-martial was
approved. It wes also clear to the Board that you received the
Benefit of your bargafn with the Marine Corps when your request
for discharge was granted and should not be permitted to change
it now. You are advised that no discharge is automatically
upgraded due merely to the passage of time or post service good
conduct. In view of the above, 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,
has
W. DEAN PFET
Executive Dik
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