_ pEPARTMENT OF THE NAVY
CORRECTION OF NAVAL RECORDS © oo
BOARD FOR
7o1 5S. COURTHOUSE ROAD, SUITE 1Oo01
ARLINGTON, VA 22204-2490
TIR
Docket No: 6391-14
7 November 2014
Dear
This ig 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 98 October 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.
Bfter 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 1 February 1980 and ,
immediately began a period of active duty. During the period
from 3 October to 18 December 1980, you received nonjudicial
punishment (NIP) on two occagions for sleeping on post, absence
from your appointed place of duty, and failure to go to your
appointed place of duty.
On 20 March 1981 you. began @ period of unauthorized absence (UA)
that was not terminated until you were apprehended py civil
authorities on 12 July 1982. As a result of this period of UA
totalling 478 days, on 14 July 1982, you submitted a written
request for an other than honorable discharge in order to avoid
trial by court-martial. 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 4 discharge. Subsequently, your
request was granted and the commanding officer was directed te
issue you an other than honorable discharge by reason of the good
of the service. As @ result of this action, you were spared the
ic =
stigma of a court-martial conviction and the potential penalties
of a punitive discharge and confinement at hard labor. on 23
July 1982, 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 so that you may obtain
medical benefits now that you have been diagnosed with stage-4
cancer. Nevertheless, the Board concluded these factors were net
sufficient to warrant relief in your case because of the
seriousness of your misconduct and lengthy period 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. Further,
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. 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
within one year from the date of the Board’s decision. 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
ig on the applicant to demonstrate the existence of probable
material error or injustice.
ROBERT J. O’ NEILL
Frecutive Director
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