DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
ELP
Docket No. 3758-01
28 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 Navy Records,
sitting in executive session,
26 September 2001.
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 injustice were
considered your application on
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.
You enlisted in the Marine Corps on 2 April 1980 for four years
The record reflects that you were advanced to LCPL
at age 24.
(E-3) and served without incident until 31 August 1981, when you
received nonjudicial punishment (NJP) for leaving your appointed
place of duty without authority and dereliction of duty.
Punishment imposed was a forfeiture of $110 and 14 days of
restriction.
Your medical record reflects that on 14 December 1981 you were
admitted to the counseling and assistance center because of an
alcohol problem.
You claimed
or 14 and began using marijuana at the same age.
that you were currently smoking three or four joints a day and
admitted to using cocaine on a small scale.
regimen of antabuse.
was provided to your command.
You stated that you started drinking at age 13
There is no evidence that this information
You were placed on a
On 6 August 1982, charges were preferred against you for three
specifications of possession of cocaine and marijuana, three
specifications of transferring cocaine and marijuana, and three
specifications of selling cocaine and marijuana.
On 4 October 1982 you received a second NJP for two periods of
unauthorized absence (UA) totaling about 37 hours.
imposed was a reduction in rank to PFC (E-2).
Punishment
On 14 September 1982 you submitted a request for a discharge
under other than honorable conditions for the good of
to escape trial by court-martial for the foregoing charges
involving possession, transfer and sale of drugs. In your
request, you stated that you were guilty of the offenses charged.
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.
it to be sufficient in law and fact.
discharge authority approved the request and directed discharge
under other than honorable conditions.
28 October 1982.
A staff judge advocate reviewed the request and found
On 5 October 1982 the
You were so discharged on
the.-service
the Board carefully weighed
In its review of your application,
all potentially mitigating factors such as your letter in support
of your application, your good post-service conduct, and the fact
that is has been nearly 19 years since you were discharged.
Board concluded that these factors were insufficient to warrant
recharacterization of your discharge given your record of two
NJPs and the fact that you accepted discharge rather than face
trial by court-martial for serious drug related offenses.
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,
Further,
of confinement at hard labor and a punitive discharge.
the Board concluded that you received the benefit of your bargain
with the Marine Corps when you request for discharge was granted
and you should not be permitted to change it now.
concluded that the discharge was proper and no change is
warranted.
names and votes of the members of the panel will be furnished
upon request.
Accordingly, your application has been denied. The
you escaped the possibility
The
The
The Board thus
It is regretted that the circumstances of your case are such
that favorable action cannot be taken.
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.
You are entitled to have
2
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
copy to
Disabled American Veterans
3
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