DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
CRS
Docket No: 1812-01
27 September 2001
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 26 September 2001.
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 enlisted in the Marine Corps on 28 June
1968 at age 17.
nonjudicial punishments and were convicted by a special
court-
martial.
to obey a lawful order, disrespect and communicating a threat.
On 17 February 1971 you were convicted by civil authorities of
possession of a hypodermic needle and using a car without
authority.
Subsequently, you were convicted by a summary court-martial of an
unauthorized absence of nine days and violation of a lawful
order.
On 15 June 1971 you submitted a written request for an
undesirable discharge in order to avoid trial by court-martial
for possession of marijuana.
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.
Your request was
granted and, as a result of this action, you were spared the
The offenses included possession of marijuana, failure
The record reflects that you received two
The court sentenced you to a fine of $100.
You
such as your youth and
stigma of a court-martial conviction and the potential penalties
of a punitive discharge and confinement at hard labor.
received an undesirable discharge on 13 July 1971.
In its review of your application the Board carefully weighed all
potentially mitigating factors,
However, the Board concluded that these factors were
immaturity.
not sufficient to warrant recharacterization of your discharge
given your request for discharge to avoid trial for possession of
marijuana and your prior misconduct in the civilian and military
communities.
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.
benefit of your bargain when your request for 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.
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
You are entitled to have the
favorable action cannot be taken.
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.
Further, the Board concluded that you received the
Accordingly, your application has been denied.
Sincerely,
W. DEAN PFEIFFER
Executive Director
2
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