DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 7074-10
24 March 2011
a
This is in reference to your application fo
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 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
he Marine Corps on 26 July 1986 after
You reenlisted in t
You received nonjudicial
years of honorable service.
punishment on two occasions and were convicted by a summary
Your offenses included indecent exposure,
ace of duty, wrongfully
coholic beverages in the barracks, and a 25 day
(UA). You later requested an
(OTH) discharge for the
urt-martial for a 164
sulted with qualified
possessing al
period of unauthorized absence
under conditions other than honorable
good of the gervice to avoid trial by co
day period of UA. At that time, you con
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 5
August 1988, you were separated with an under conditions OTH
discharge for the good of the service to avoid trial by court-
martial. As a result of this action, you were spared the
stigma of a court-martial conviction and the potential
The Board, in its review of your entire record, carefully
considered all potential mitigation, such as your youth, prior
honorable service, and belief that your discharge would be
automatically upgraded in six months. Nevertheless, the Board
‘concluded that these factors were not sufficient to warrant
recharacterization of your discharge due to your serious acts
of misconduct. Furthermore, the Board believed that
considerable clemency was extended to you when your request for
discharge to avoid trial by court-martial was approved. It was
also clear to the Board 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. 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, o&fieial
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,
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