DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 08314-10
21 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.
BR three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 20 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 the evidence submitted was insufficient
to establish the existence of probable material error or
Li uee. ee.
You enlisted in the Marine Corps and began a period of active
duty on 26 March 1986, at age 19. On 30 January 1987, you
received nonjudicial punishment (NIP) for wrongful use of
marijuana. On 26 June 1987, you received NUP for being in an
unauthorized absence (UA) status for five days. On 26 August
1987, you received NUP for using disrespectful language. On 23
November 1987, you began a period of UA which lasted 800 days.
On 15 February 1990, you submitted a written request for an
administrative discharge in order to avoid trial by court-martial
for the period of UA totaling over two years. Prier to
submitting this request for discharge, you conferred with a
qualified military lawyer, were advised of your rights, and were
warnea of the probable adverse consequences of accepting such a
discharge. Your request for discharge was granted and on 23
February 1990, 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 three NJP’s, period of UA
totaling over two years, 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 recharacterization of your discharge automatically due solely
to the passage of time. 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 PFE
Executive D
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