Wawel Prearps
tea S COURTHOUSE POAsAD Spiye adobe
ARLINGTON, VA 22204-2490
TJR
Docket No: 6328-13,
6708-95
25 November 2014
This is in, reference to your application for correction of your
naval record pursuant to the provisions of Title 10, United
ctates Code, Section 1552.
zn three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on >5 November 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
; a
the Board consisted of your application, tegeLher with al
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 submi was insufficie
to establish the existence of probable material error or
injustice
You enlisted in the Marine corps on li Jul
and immediately began a perio ti \
nearly a year without disciplinary infractions but during th
period from 26 July to 17 August
unauthorized absence (UA) status on two occa
military custody, and were apprehended by eivi
h
As a result of the foregoing periods of UA to
21 September 1978, you submitted a written requ
than honorable discharge in order to avoid tria y court-
Martial. Prior to submitting this request you conferred with
qualified military lawyer al which time you were advise 5
e d
rights and warned of the probable adverse consequences of
accepting such a discharge. Subsequently, your request was
a: SSS
granted and the commanding officer was Girected to issue you at
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 10 October
1978, you were issued an other than honorable discharge.
The Board, in its review ot your entire record and application
carefully weighed all potentially mitigating factors, such as
your desire to upgrade your discharge, post service conduct which
includes a civil conviction in July 1979 for attempted safe
preaking and breaking and entering. It also considered your post
medical and mental histories of psychology consultations, health
assessments, and therapist evaluations for a head injury in 1993
while in custody of civil authorities and drug abuse, expected
symptoms of post-traumatic stress disorder, major depressive
disorder, mild retardation, high blood pressure, and traumatic
prain injury during the period from 1996 to 2013.
The Board concluded the foregoing factors were not sufficient to
warrant relief in your case because of the seriousness of your
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. Finally, the Board determined that your post
service conduct and post medical and mental histories were not
enough to outweigh the significant misconduct you committed.
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
within one year from the date of the Board’s decision. 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.
Sincerel
ROBERT J. O'NEILL
Executive Director
2 i sa Sere: se.
a a
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