DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 6786-13
24 July 2014
This is in reference tg 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 16 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 23 March 1978 at age 17. You were in an unauthorized
absence (UA). status from your unit on five occasions from
16 January 1979 through 30 March 1981 for a period totaling 669
days. On 29 July 1981, you submitted a written request to be
discharged for the good of the service. You conferred witha
qualified military lawyer, were advised of your rights, and were
warned of the probable adverse consequences of accepting such a
discharge. Subsequently, the separation authority approved your
request and recommended that you be discharged for the good of
the service with an other than honorable (OTH) discharge. on
27 August 1981,. you received the OTH discharge for 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.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct that
resulted in periods of UA totaling over 22 months. 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. Finally, no discharge
is upgraded’ merely because of the passage of time or an
individual's good behavior after discharge. 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,
| oe, Raa
ROBERT D. ZSALMAN
Acting Executive Director
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