DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BJG
Docket No: 3177-11
2 February 2012
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 2 February 2012. 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 1
February 1983. You received nonjudicial punishment on two
occasions and were convicted by a summary court-martial. Your
offenses included failure to disobey a lawful order,
unauthorized absence (UA), and wrongful use of marijuana. You
then requested an under conditions other than honorable (OTH)
discharge for the good of the service to avoid trial by court-
martial for a period of UA totaling 73 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 13 March 1984, 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 potentially mitigating factors, such as your
youth and post service good conduct. Nevertheless, the Board
concluded that these factors were not sufficient to warrant
recharacterization of your discharge due to your numerous acts
of misconduct, period of UA that totaled over two months, 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.
Your request for corrections of your Certificate of Release or
Discharge from Active Duty (DD Form 214) may be made
administratively. Please submit it to the Navy Personnel
Command (Code 312), 5720 Integrity Drive, Millington, Tennessee
38055-3120,
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,
Nan
W. DEAN PF
Executive rectior
2
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