DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 10014
ARLINGTON, VA 22204-2490
BC
Docket No: 08749-13
25 September 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: 24 September 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 reenlisted in the Marine Corps on 14 July 1987. Onl
September 1987, you received nonjudical punishment (NJP) for
being disrespectful. On 8 March 1988, you received NUP for
being in an unauthorized absence (UA) status for.an unknown
period of time. On 8 February 1990, you received NUP for
willfully disobeying a lawful order. On 14 June 1990, you
“submitted a request for discharge for the good of the service in
lieu of trial by court-martial for the following offenses:
failure to go to your appointed place of duty on two occasions,
‘being absent from your appointed place of duty, violating a
lawful, general order and operating a vehicle while your driving
privileges were suspended. Your request for discharge was
granted and on 25 June 1990, you received a discharge under
other than honorable conditions for the good of service 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
considered all potentially mitigating factors present in your
case. It found those factors insufficient to warrant upgrading
your characterization of service given your extensive record of
misconduct 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 Navy 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.
tt 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 within one year from the date of the Board's.
decision. New evidence is evidence not previously considered by
the Board prior to making its decision in your case. 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 J. O'NEILL
Executive Director
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