DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL HECORDS
nd 5, COURTHOUSE ROAD, SUITE 100%
ARLINGTON, VA 22204-2490
TOR
Docket No: 676-14
7 November 2014
This is in reference to your application for correction of your
naval recoré 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 gession, congidered your
application on 5 November 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.
After careful and conscientious consideration of the entire
record, the Board found che evidence submitted was insufficient -
to establish the existence of probable materisai error oF
imtustice. — . ae So _
,
You reenlisted in the Marine Corps on 26 November 1986 after more
than seven years of prior satisfactory service. You continued to
gerve- without disciplinary incident: untit 20 April 1988, when you
received nonjudicial punishment. (NIP): - for a-29 day period of
unauthorized absence (UA). On 7 November 1988 you received NUP
for failure to obey a lawful order and dereliction of duty.
Shortly théreafter, -on 28 November 1988, you began another period
of UA that was: not terminated until you were apprehended by eivil
authorities on 25 February 1989, —
As a:result of the foregoing period of UA totalling 83 days, On
17 March 1989, you submitted a written request for an other than
honorable Gischarge 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 ef your rights and
warned of the probable adverse consequences of accepting such a
discharge. Subsequentiy, your request was granted and the
commanding officer wags directed to issue you an other than
honorable discharge by reason of the good of the service. 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. -On 12 Aprii 1989, you
were issued an other than honorable discharge for the good of the
service, and assigned an RE-4 reenlistment code.
‘
The Board, in its review of your entire record and application
carefully weighed ali potentially mitigating factors, such as
your desire to upgrade your discharge, and change your narrative
reason for separation and reenlistment code so that you may
obtain employment. Nevertheless, the Board concluded these
factors were not sufficient to warrant relief in your case
because of the seriousness of your misconduct and repetitive
periods 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
penefit 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 o£
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.
Sincexely,
ROBERT J. O'NEILL
Executive Director
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