DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TJR
Docket No:
16 August 2001
1322-01
Dear
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 14 August 2001.
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.
Your allegations of error and
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 30 June 1967
at the age of 17.
Your record contains an Office of Naval Investigation
report which notes, in part,
that on 27 February 1968 you
submitted a written statement in which you admitted to two
incidents of indecent exposure.
(ONI)
On 5 March 1968 you were notified of a proposed administrative
separation by reason of unfitness due to indecent exposure. At
that time you submitted a written request for an undesirable
discharge in order to avoid trial by court-martial for the
foregoing misconduct.
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.
request was granted and your commanding officer was directed to
issue you an other than honorable discharge for the good of the
service.
of a court-martial conviction and the potential penalties of a
As a result of this action, you were spared the stigma
Prior to submitting this request, you
Subsequently, your
punitive discharge and confinement at hard labor.
1968 you were so discharged.
On 5 April
However, the Board found the evidence and
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 were told that your
discharge would be upgraded at the time your enlistment would
have expired.
materials submitted were not sufficient to warrant
recharacterization of your discharge given your misconduct and
your request for discharge to avoid trial for this misconduct.
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,
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
Finally, no
and you should not be permitted to change it now.
discharge is upgraded merely because of the passage of time.
Accordingly, your application has been denied.
you escaped the possibility
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
2
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