DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BIG
Docket No: 5164-13
29 April 2014
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 29 April 2014. 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 a period of active
duty on 15 November 1988. You 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 unauthorized
absence (UA) totaling 358 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 3 October 1990, 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, allegation that you were not being paid, and current
desire to upgrade your discharge. Nevertheless, the Board
concluded that these factors were not sufficient to warrant
recharacterization of your discharge due to your period of UA
totaling more than 11 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. Regarding your allegation, the
Board found evidence in your record which is contrary to it.
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.
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,
Set Ras
ROBERT D. ZSALMAN
Acting Executive Director
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