DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490 _
SJN
Docket No: 3
7 April 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 manner, 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
31 March 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 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 October 1989. The record shows that on 1 March 1993,
you began a period of unauthorized absence (UA) that lasted 37
days, ending on 7 April 1993. On 14 April 1993, you were
arrested by civil authorities for uttering worthless checks. On
21 April 1993, you were sentenced to a period of probation, to
pay restitution, and court cost. Your record is incomplete, in
that it does not contain all of the documents pertaining to your
discharge. It appears that you submitted a written request for
an other than honorable (OTH) discharge in order to avoid trial
by court-martial for 37 days of UA. Prior to submitting this
request for discharge, you woulda have 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
17 May 1993, you received an OTH 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, character
letters, and desire to upgrade your discharge. Nevertheless, the
. Board concluded these factors were not sufficient to warrant
recharacterization of your discharge given what appears to be for
a period of UA that lasted over 30 days, and request for
Gischarge. 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.
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.
Sincerely,
Executive Director
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