DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 9625-10
25 May 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 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 enlisted in the Marine Corps and entered active duty on 2
July 1981. You received nonjudicial punishment on five
occasions and were convicted by a special court-martial. Your
offenses included disrespect (two specifications), disobeying a
lawful order (two specifications), incapacitation for the
performance of duty, absence from your appointed place of duty,
violation of liberty restriction, wrongful possession of 9.2
grams of marijuana, breaking restriction, falsely signing and
failure to sign restriction papers, failure to go to fire
watch, 60 days of unauthorized absence (UA), and failure to go
to your appointed place of duty (three specifications). 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 UA totaling 213 days. 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 17 February 1983, 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.
Nevertheless, the Board concluded that these factors were not
sufficient to warrant recharacterization of your discharge due
to your numerous acts of serious 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
injustice.
Sincerely,
Ye
W. DEAN P
Executive \Director
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