DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 06673-10
4 April 2011
This is in reference to your application for correction of your
naval record pursuant to the provisions ef 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 30 March 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 the evidence submitted was insufficient
to establish the existence of probable material error or
Inj uetice:.
You enlisted in the Marine Corps and began a period of active
duty on 3 October 1983, at age 18. On 21 November 1984, you
received nonjudicial punishment (NJP) for assaulting a fellow
Marine. On 10 May 1985, you submitted a written request for a
good of the service discharge in order to avoid trial by court-
Martial for the following pending charges: disobeying a lawful
order on five occasions, disobeying a lawful written order,
writing a worthless check in the amount of $420, and being drunk
and disorderly. Prior to submitting this request for discharge,
you conferred with a qualified military lawyer, were advised of
your rights, and were warned of the probable adverse consequences
of accepting such a discharge. Your request for discharge was
granted and on 14 August 1985, you received an other than
honorable discharge in lieu of 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 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 because of your NUP, and request for discharge.
The Board believed that considerable clemency was extended to you
when your request for discharge was approved. 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. Further, you are
advised that there is; no provision in the law or Navy regulations
that allows for rgcharacterization of your discharge
‘automatically du solely to the passage of time. Accordingly,
four 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,
LOW nes
W. DEAN
Executive Dive 6
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