DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BUG
Docket No: 8150-13
25 February 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 19 February 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, 22 February 1980. You received nonjudicial punishment
for three periods of unauthorized absence (UA) totaling 19 days.
You then 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 UA totaling 88 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 27 March 1981, 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, marital problems, 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 periods of UA totaling more than three
‘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. 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,
1 en nnn
"ROBERT D... ZSALMAN
Acting Executive Director
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