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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