DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7601 5S. COURTHOUSE ROAD, SUITE 100601
ARLINGTON, VA 22204-2490
Pe _ SIN.
Docket No: 6687-13
30 July 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 July 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 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 25 March 1980. The Board found that on 10 September
1980, you began a period of unauthorized absence (UA) that lasted
53 days, ending on 2 November 1980. On 6 November 1980, you
submitted a written request for an other than honorable (OTH)
discharge in order to avoid trial by court-martial for the
53 days of UA. Prior to submitting your request for discharge,
you conferred with a qualified military lawyer, were advised of
your rights, and were warned of the probable adverse consequences
of accepting such a discharge. You stated, in part, that you
could not adapt to the military and you had family issues,
Subsequently, your request for Gischarge was granted and, on
5 January 1981, you received an OTH discharge in lieu of 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 application, carefully weighed
all potentially mitigating factors, such as your record of
service and desire to upgrade your discnarge.’ Neverthéless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge given your period of UA that
lasted over 30 days, charges being preferred to a court-martial,
and request for discharge. The Board believed that considerable
clemency was extended to you when your request for discharge was
approved. The Board also 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. 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,
ROBERT D. 4ASALMAN
Acting Executive Director
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