DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DCG 20370-5100 REC
Docket No: 05785-10
23 June 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 22 June 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. The Board also considered the advisory opinions
from Headquarters Marine Corps, dated 21 April and 2 May 2011,
copies of which are enclosed. ;
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 24 November 1986. On 14 April 1990, you were placed on a
command urinalysis surveillance program. On 7.March 1990, you
received counseling concerning your nonsupport of your
dependents. On 20 May 1990, you received counseling concerning
your failure to pass a sobriety test. On 30 July 1990, you were
reduced in pay grade for an unknown offense. Your record is
incomplete, however, your Certificate of Release or Discharge
from Active Duty (DD Form 214) is documented with the narrative
reason for separation as conduct triable by court-martial
(request for discharge for the good of the service), and signed
by you and the executive officer. Your proficiency mark average
was 3.4, and conduct mark average was 2.9, which are below
average, as a 4.0 and 3.0-average are required for an honorable
discharge. Apparently, you submitted a request for a good of the
service discharge to avoid trial by court-martial for an unknown
reason. Prior to submitting this request for discharge, you
conferred with a qualified military lawyer, were advised of your
rights, and warned of the probable adverse consequences of
accepting such a discharge. Your commanding officer forwarded
his recommendation that you be discharged under other than
honorable (OTH) conditions by reason of conduct. Your request
for discharge was granted and on 17 August 1990, you received an
OTH discharge for the good of the service 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. At that
time you were assigned an
RE-4 reentry code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, conduct
and performance, and overall record of service. Nevertheless,
the Board found that these factors were not sufficient to warrant
changing the reason or characterization of your discharge, given
your record of misconduct, and the fact that you were counseled
and warned of the consequences of further misconduct. 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. 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 injustice.
Sincerely,
W. DEAN PEI
Executive [Da tor
Enclosures
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