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NAVY | BCNR | CY1998 | 04010-98
Original file (04010-98.pdf) Auto-classification: Denied
D E P A R T M E N T  O F  T H E  N A V Y  
BOARD FOR CORRECTION OF NAVAL RECORDS 

2 NAW ANNEX 

WASHINGTON DC  20370-5100 

CRS 
Docket No:  4010-98 
2 June 1999 

This is in reference to your application on behalf of your former 
late husband for correction of his 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 26 May 1999.  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 former husband's  naval record and applicable 
statutes, regulations and policies. 

After careful and conscientious consideration of the entire 
record, the Board found that the evidence submitted was 
insufficient to establish the existence of probable material 
error or injustice. 

The Board found that your former husband enlisted in the Marine 
Corps on 17 December 1974 at age 20.  His record reflects that he 
received three nonjudicial punishments.  The offenses included 
stealing two shirts valued at $6.86 and absence from his 
appointed place of duty on two occasions. 

His military record shows that on 11 December 1975 he submitted a 
written request.for an undesirable discharge in order to avoid 
trial by court-martial for possession of marijuana on two 
occasions.  ,The record also shows that prior to submitting this 
request he conferred with a qualified military lawyer at which 
time he was advised of his rights and warned of the probable 
adverse consequences of accepting such a discharge.  The Board 
found that his request was granted and, as a result of this 
action, he was spared the stigma of a court-martial conviction 
and the potential penalties of a punitive discharge and 
confinement at hard labor.  He received an undesirable discharge 
on 29 December 1975. 

In its review of your application the Board carefully weighed all 
potentially mitigating factors, such as his youth and immaturity 
and the contention that he may have received a general discharge. 
However, the Board found these factors were not sufficient to 
warrant recharacterization of his discharge, given his use of 
drugs.  The Board believed that considerable clemency was 
extended to him when his request to avoid trial by court-martial 
was approved since, by this action, he escaped the possibility of 
confinement at hard labor and a punitive discharge.  Further, the 
Board concluded that he received the benefit of his bargain when 
his request for discharge was granted and no change should now be 
permitted.  In this regard, there is no evidence that he received 
a general discharge.  Therefore, the Board concluded that his 
discharge was proper as issued and no change is warranted. 
Accordingly, your application has been denied.  The names and 
votes of the members of the panel will be furnished upon request. 

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. 
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, 

W.  DEAN PFEIFFER 
Executive Director 



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