DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 9614-10
24 May 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 24 May 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 reenlisted in the Marine Corps on 11 February 1985 after
more than four years of honorable service. You received
nonjudicial punishment on two occasions for two specifications
of unauthorized absence and absence from your appointed place
of duty. You requested an under conditions other than
honorable (OTH) discharge for the good of the service to avoid
trial by court-martial for two periods of unauthorized absence
totaling 11 days, and disobedience of a lawful order (two
specifications). At that time, you 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 31
October 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
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, prior
honorable service, and mental health issues. Nevertheless,
the Board concluded that these factors were not sufficient to
warrant recharacterization of your discharge due to your acts
of misconduct and request for discharge. 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
ity) VStiLee.
Sincerely,
ROBERT D. ZSALMAN
Deputy Executive Director
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