DEPARTMENT OF. THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7O1 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TUIR
Docket No: 3538-13
21 March 2014
= oe : _ 4 >
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, = | ee : SO
_You enlisted in the Marine Corps on 31 July 1980 and immediately
began a period of active duty. You served for about seven months
without incident. However, during the period from 6 February
138i -to 27 April 1983, you weré in an unauthorized absence (UA)
status for 810 days and were declared a-deserter. As a result,
. 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 conférred 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 Juné “1983, 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 17 June
: 1983 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 desire to upgrade your discharge and assertion that your
period of UA was due to your father’s death. Nevertheless, the
_ Board concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your lengthy period 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. Regarding your assertion, the Board
found you UA period far too lengthy to just be dealing with your
father’s death. The Board noted that there are emergency leave
procedures in place to deal with the loss of family members.
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,
| (BS a
ROBERT D
Acting Executive Director
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