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
TJR
Docket No: 8320-98
18 May 1999
This is 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 11 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 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.
The Board found you enlisted in the Marine Corps on 27 September
1967 at the age of 17. Your record shows that you served for two
years and four months without incident but on 7 January 1970 you
received norljudicial punishment (NJP) for a three day period of
unauthorized absence and failure to obey a lawful order. The
punishment imposed was restriction for seven days and forfeitures
totalling $41.
Your record further reflects that on 3 March 1970 you submitted a
written request for an undesirable discharge in order to avoid
trial by court-martial for wrongful possession of methyl-
amphetamine hydrochloride and communicating a threat. Your
record shows that 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 a discharge. Subsequently, on 19 March 1970, your
request was granted and your commanding officer was directed to
issue you an undesirable 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 30 March
1970 you were issued an other than honorable discharge.
The Board, in its review of your entire record and application,
carefully considered all mitigating factors, such as your youth
and immaturity, and your contention that you would like your
discharge upgraded. The Board further considered your contention
that you returned from Vietnam as a drug addict and were not
offered rehabilitation or treatment. However, the Board found
the evidence and materials submitted were not sufficient to
warrant recharacterization of your discharge given the
seriousness of your drug related misconduct and your request for
discharge to avoid trial for this offense. The Board believed
that considerable clemency was extended to you when your request
for discharge to avoid trial by court-martial was approved since,
by this action, you escaped the possibility of confinement at
hard labor and a punitive discharge. Further, the Board
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. Given all the
circumstances of your case the Board concluded your 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 regu'larity 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 PFE IFFER
Executive Director
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