DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
' 2 NAVY ANNEX
WASHINGTON DCG 20370-5100
SUN
Docket No: 10462-1210
22 June 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 21 June 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
injustice.
You reenlisted in the Marine Corps on 13 December 1988, after
serving over six years of honorable service. The Board found
that on 26 September 1990, you submitted a written request for a
good of the service discharge in order to avoid trial by court-~-
martial for two specifications of unauthorized absence totaling
six days, escaping from custody, signing a false official
statement, larceny of a car rental, dishonorably failing to pay
debts (the use of the car rental), and two specifications of
communicating a threat. Prior to submitting this request for
discharge, you conferred with a qualified military lawyer, were
advised of your rights, and were warned of the probable adverse
consequences of accepting such a discharge. Your request for
discharge was granted and on 8 October 1990, you received an
other than honorable discharge for the good of the service in
lieu of 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 application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service, and extenuating circumstances surrounding your
misconduct you now submit. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge given your misconduct that resulted charges
being preferred to a court-martial for very serious offenses,
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. 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,
We Qh
W. DEAN P
Executive D
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