DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
CRS
Docket No: 3018-01
16 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 7 November 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 30 April
The record reflects that you received three
1979 at age 17.
nonjudicial punishments and were convicted by two summary
martial.
three occasions, stealing property from the exchange, and
disrespect on three occasions..
On 6 June 1981 you submitted a written request for an other than
honorable discharge in order to avoid trial by court-martial for
disrespect on four occasions,
willful disobedience of a lawful
order on two occasions, and assault.'
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.
was granted 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.
received the other than honorable discharge on 8 July 1981.
The offenses included failure to obey a lawful order on
courts-
Your request
You
The Board believed that
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and
However, the Board found that these factors were not
immaturity.
sufficient to warrant recharacterization of your discharge given
your request for discharge to avoid trial for numerous offenses,
and your prior disciplinary record.
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
Further, the Board concluded
labor and a punitive discharge.
that you received the benefit of your bargain when your request
for discharge was granted and should not be permitted to change
Therefore, the Board concluded that no change to the
it now.
Accordingly, your application has been
discharge is warranted.
The names and votes of the members of the panel will be
denied.
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.
Sincerely,
W. DEAN PFEIFFER
Executive Director
2
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