DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION .OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
, ARLINGTON, VA 22204-2490
TUR.
Docket No: 3537-13
21 March 2014
This is in reference to your application for correction of 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 18 March 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
to establish the existence of probable material error or
injustice. :
You enlisted in the: Marine Corps on 21 March 1979 and immediately
began a period of active duty. You served for about two years
without incident. However, on 22 March and again on 7 August |
1981, you received nonjudicial-punishment (NUP): for absence from
your appointed place of duty, disobedience, disrespect, and —
failure to obey a lawful order.=... '. +
During the period from 14 September to 18 December 1977 you were
in an unauthorized absence (UA) status on. three occasions. Asa
result of the forégoing.periods of UA totalling 56 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, on 8 January 1982, 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 a4-
| 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 13 January 1982 you
were issued an other than honorable discharge.
The Board, in its Feview of your entire record and application
carefully weighed all potentially mitigating factors, such as
your post service conduct and desire to upgrade your discharge.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your misconduct which resulted in
two NUPs and repetitive 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. ZASALMAN
Acting Executive Director
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