DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 5. COURTHOUSE ROAD, SUITE 1001 .-
ARLINGTON, VA 22204-2490
TUR
Dockét No: 2640-15
19 February 2014.
This is in reference to your application for correction ef your
naval record pursuant to the provisions of Title 10, 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 19 February 2014. The names and votes of the
members of the panel will be furnished upon request.” ‘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
te establish the SxLSLenee of probable material error or
injustice. : - os . '
“You reenlisted in the Marine Corps on 22 December 1978 after more
than two years of prior satisfactory service. You continued to
serve without incident until. 17’ July 1981 when you received
nonjudicial-punishmeht (NJP) ‘for three periods of unauthorized
absence (UA) totalling 12. ‘days. During the period from 5 October
to 4 November. 1981 you were in a UA status on two more occasions
and declared a deserter. As a result of these periods of UA |
totalling 61 days, you submitted a written request for an other
than honorable discharge in order to avoid trial by court-
martial. Prior to submitting this ‘request you conferred with a
. qualified: military lawyer at which time you were advised of your.
rights and warned of the probable adverse consequences of
-accepting such a discharge. Subsequently, your request was
granted and the commanding officer was directed to issue you an.
other than honorable discharge’ by reason of the good of the ©
service. 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. On 27 May 1982
you were issued an other than honorable discharge.
The Board, in its review of your entire record and application
carefully weighed all potentially mitigating factors, such as
your prior satisfactory service, desire to upgrade your
discharge, and assertion of instigated circumstances resulting in
your missed deployment. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of your
discharge because of the seriousness of your lengthy periods of
UA which resulted in your request for discharge. The Board
believed that considerable clemency was extended to you when your
‘request for discharge to avoid-trial by court-martial was
approved. Further, the Board concluded that you received the
benefit of your bargain with the Marine Corps when your request
for discharge was granted and you should not be permitted to
change it now. Accordingly, your application has been denied.
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,
ROBERT D. ZSALMAN .
Acting Executive Director
t
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