DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 CRS
Docket No: 12077-10
20 January 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 January 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. In addition, 4t considered an advisory opinion
from Headquarters Marine Corps dated 29 October 2010, a copy of
which is enclosed.
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
ervor or ifjustice.
The Board found that you enlisted in the Marine Corps on 16 May
1990. You received nonjudicial punishment on 9 September 1991
for unauthorized absence. On 28 December 1991 you absented
yourself without authority and remained absent until 18 February
1982 for a period of 50 days.
On 26 July 1993 you submitted a written request for discharge for
the good of the service in lieu of trial by court-martial for an
unauthorized absence of 502 days. Prior to submitting this
request you conferred with a qualified military lawyer who
advised you of your rights and warned of the probable adverse
consequences of receiving a discharge under other than honorable
conditions. Your request was approved by the discharge
authority, and you received a discharge under other than
honorable conditions on 9 August 1993. At that time you were
assigned a reentry code of RE-4 as required by governing
directives.
In its review of your application, the Board considered all
potentially mitigating factors, such as your contention that you
were a victim of racial discrimination and that your misconduct
was caused by posttraumatic stress disorder (PTSD). The Board
found those contentions to be unsubstantiated, and insufficient
to warrant corrective action in your case, given the serious
nature of your offense. In addition, the Board believes that
considerable clemency was extended to you when your request Tor
discharge was approved since, by that action, you avoided the
possibility of a conviction by court-martial, confinement at hard
labor and a punitive discharge. Further, the Board concluded
that you received the benefit of your bargain when your request
for discharge was separated, and you 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,
LS Dea
W. DEAN PF FER
Executive Dil ©
Enclosure
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