DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 s. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TUR
Docket No: 507-13/
95-13
24 October 2013
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 16 October 2013. The mames 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 and began a period of active
duty on 13 July 1978. You served for about 13 months without
disciplinary incident, but during the period from 24 August 1979
to 13 February 1981, you received nonjudicial punishment (NUP) on
five occasions for two periods of absence from your appointed
place.of duty, four specifications of -disobedience, wrongful use
of marijuana, assault,-.disrespect, larceny, and wrongful exit by
jumping over a fence.
Although the discharge documentation is not in your record, it
appears that you requested discharge for the good of the service
to avoid trial by’ court-martial for unspecified offenses.
Regulations required that before making such a request, an
individual must be advised by military counsel concerning the
consequences of such a request.’ Since the record shows that you
were discharged by reason of good of the service to avoid trial
\
on 11 September 1981, the Board presumed that the foregoing
occurred in your case. Because you requested discharge in lieu
of trial, you avoided the possibility of a punitive discharge and
confinement at hard labor.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, desire to upgrade your discharge, and assertion that
you were unaware of the documents you were signing for discharge.
Nevertheless, the Board concluded these factors and your
assertion were not sufficient to warrant recharacterization of
your discharge because of your request for discharge. The Board
believed that considerable clemency was extended to you when your
request for discharge was approved since, by this action, you
escaped the possibility of confinement at hard labor and a
punitive discharge. The Board further concluded 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. 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;
LO. Rear!
W. DEAN PFE E
Executive Di¥ector
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