DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 5371-10
11 February 2011
TE ee,
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 9 February 2011. 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 polieLes:.
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.
punishment (NUP) on two occasions for disobeying a Lawful. exdex,
using disrespectful language toward a superior noncommissioned
officer and communicating a threat. On 6 April 1984, you were
convicted by special court-martial (SPCM) of three instances of
failure to go to your appointed place of duty and misbehavior of
a sentinel by sleeping on post. The sentence imposed was
confinement for 30 days, reduction in paygrade and forfeiture of
pay. Based on the information currently contained in your record
it appears that you were subsequently charged with an unspecified
additional offense against the Uniform Code of Military Justice.
On 12 July 1984, you submitted a written request for an other
than honorable (OTH) discharge in order to avoid trial by court-
martial for the charge. 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. 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
30 July 1984 the separation authority approved your request for
discharge. On 20 August 1984 you were separated with a discharge
under OTH conditions.
The Board, in its review of your entire record and application
‘carefully weighed all pgtentially 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 two NUJPs, a SPCM, 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. 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 imjustace .
Sincerely,
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