DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 7919-10
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 19 December
1988. You received two nonjudicial punishments and were
convicted by a summary court-martial. Your offenses included
failure to obey a lawful order (two specifications), wrongfully
possessing and using another Marine’s identification card (two
specifications), and absence from your appointed place of duty.
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 62
day period of unauthorized absence. At that time, you would
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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 20 June 1991, 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 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 and
remorse. — Nevergheless, 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 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,
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