DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 &, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SuN
Docket No: 1000-14
12 March 2015
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.
Although your application was not filed in a timely marmer, the.
Board found it in the interest of justice to waive the statute of
limitations and consider your application on its merits. A
three-member panel of the Board ‘for Correction of Naval Records,
sitting in executive session, considered your application on
/24 February 2015. 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 eritire
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 29 September 1986. On 5 March 1987, you were convicted
by special court-martial (SPCM) of making a false official
statement, false claims against the government, and wrongfully
obtaining services. You were sentenced to confinement at hard
labor and a reduction in paygrade. On 12 November 1987, you
submitted a written request for an other than honorable discharge
in order to avoid trial by court-martial for 40 days of —
unauthorized absence (UA). Prior to submitting this request for
Gischarge, you conferred with a qualified military lawyer, were
advised of your rights, and warned of the probable adverse
consequences of accepting such a discharge. Subsequently, your
request for discharge was granted and on 15 December 1987, you
received an other than honorable 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 entire record and application,
carefully weighed all potentially mitigating factors,. such as
your record of service, post service accomplishments and desire
‘to upgrade your discharge. Nevertheless, the Board concluded
-these factors were not sufficient to warrant recharacterization
of your discharge given your SPCM conviction and lengthy period
. of UA. The Board believed that considerable clemency was
extended to you when your request for discharge was approved.
The Board-akso-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.
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 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.
Sincgrel
ROBERT J. G’NEILL
Executive Director
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