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NAVY | BCNR | CY1999 | 00316-99
Original file (00316-99.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 

TRG 
Docket No:  316-99 
26 May 1999 

This is in reference totyour application for correction of your 
naval record pursuant to the provisions of title 10 of the 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 25 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 that the evidence submitted was 
insufficient to establish the existence of probable material 
error or injustice. 

The Board found that you reenlisted in the Marine Corps on 2 
April  1992.  At that time you had completed about seven years of 
active service on prior enlistments.  Your military record shows 
that on 1 February 1993 you submitted a written request for an 
general discharge in order to avoid trial by  court-martial for 
indecent acts with a child.  Your record also 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.  The Board found that your request was granted on 
10 February 1993 and, 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 approval of a general discharge was required because of an 
agreement between your counsel and the government.  You were 
discharged on 1 March 1993. 

In its review of your application the Board carefully weighed all 
potentially mitigating factors, such as your prior honorable 
service.  The Board found that these factors were not sufficient 
to warrant recharacterization of your discharge given your 

admission that you had comnitted indecent acts with a child, and 
especially 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 when your request for a general discharge 
was granted and should not be permitted to change it now.  The 
Board concluded that 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 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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