DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TJR
Docket No: 2996-01
23 November 2001
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 November 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.
Your record reflects that you served for
The Board found you enlisted in the Marine Corps on 31 December
1979 at the age of 17.
two years and four months without disciplinary incident.
However, during the period from 24 April to 8 July 1982 you
received nonjudicial punishment (NJP) on three occasions for
three specifications of failure to go to your appointed place of
duty, two specifications of possession of marijuana, wrongful use
of marijuana, drunk and disorderly conduct, possession of an
homemade smoking device, breaking restriction, disobedience, and
two periods of absence from your appointed place of duty.
Your record further reflects that on 10 February and again on 1
April 1983 you received NJP for absence from your appointed place
of duty and wrongful use of marijuana.
On 4 April 1983 you
submitted a written request for an other than honorable discharge
in order to avoid trial by court-martial for five periods
of
unauthorized absence (UA) totalling 17 days and two periods of
Your record shows
absence from your appointed place of duty.
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, your request was granted and your commanding
officer was directed to issue you an other than honorable
discharge by reason of the good of the service.
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.
sixth NJP for two periods of UA totalling 34 days and
disobedience.
E-l and a $500 forfeiture of pay.
issued an other than honorable discharged.
The punishment imposed was reduction to
On that same day you were
On 14 June 1983 you received your
As a result of
paygrade
However, the Board found the
The Board, in its review of your entire record and application,
carefully considered all mitigating factors, such as your youth
and immaturity, quality of service, and the contention that you
were to receive a medical discharge.
The Board also considered
your contention that arbitrary and capricious command actions
contributed to the prejudicial or legal error regarding the
characterization of your service.
evidence and materials submitted were not sufficient to warrant
recharacterization of your discharge given the seriousness of
your repetitive drug related misconduct and frequent periods of
.The Board
UA, and your request for discharge to avoid trial.
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,
confinement at hard labor and a punitive discharge.
Board concluded that you received the benefit of your bargain
with the Marine Corps when your request for discharge was granted
and you should not be permitted to change it now.
Also, the
Board noted that there is no evidence in your record, and you
submitted none, to support your contentions.
application has been denied.
you escaped the possibility of
Accordingly, your
Further, the
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.
2
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,
LMJJ-+
W. DEAN PFE
Executive D
I
eb#
3
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