DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION'‘OF NAVAL RECORDS
701 5S, COURTHOUSE ROAD, SUITE 1001
. ARLINGTON, VA 22204-2490
TUR
Docket No: 6909-13.
24 July 2014
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 22 July 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
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 on 27 August 1979 and
immediately began a period of active duty. The following month,
on 19 September 1979, you received nonjudicial punishment (NJP)
for assauit and disobedience.
During the period from 22 December 1979 to 7 August 1980 you were
in an unauthorized absence (UA) status on three occasions and
declared a deserter. As a result, you submitted a written
request for an other than honorable discharge in order to avoid
trial by court-martial for the foregoing periods of UA totalling
209 days. Prior to submitting this request you conferred with a
qualified military lawyer at which time you were advised of your
rights and warned of the probable adverse consequences of
accepting such a discharge. On 6 October 1980 your request was
granted and the commanding officer was directed to issue you an
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 16 October
1980 you were issued an other than honorable discharge.
The Board, in its review of your entire record and application
carefully weighed all potentially mitigating factors, such as
your desire to upgrade your discharge and assertions of family
problems and being denied a request for a hardship discharge.
Neve sone Reae "tie Board concluded these factors were not
sufficient to warrant’ recharacterization of your discharge
because of the seriousness of your misconduct, which resulted in
NJP and repetitive; and lengthy 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. 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. Further, there is no evidence
in the record, and you submitted none, to support your
assertions. 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,
etn OD a.
ROBERT D. ZSALMAN
Acting Executive Director
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