DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
Docket No: 3978-01
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.
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 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 17 June 1977
at the age of 17.
nearly a year without disciplinary incident but on 20 April 1978
you received nonjudicial punishment (NJP) for two periods of
absence from your appointed place of duty.
The punishment
imposed was a $468 forfeiture of pay and restriction for 30 days.
On 16 August 1978 you received NJP for absence from your
appointed place of duty,
disorderly conduct, and assault.
restriction for 30 days,
suspended
r,eduction to
three specifications of disobedience,
paygrade E-l.
The punishment imposed was
a $450 forfeiture of pay, and a
Your record further reflects that during the period from 5
September to 25 December, 1978 you were absent from your appointed
place of duty on five occasions, an unauthorized absentee on
seven occasions for 17 days,
failed to go to your appointed place
.
of duty, disobeyed orders on seven occasions, committed five
assaults, resisted arrest, destroyed government property, used
provoking language, committed disorderly conduct, and broke
restriction on two occasions.
Your record shows that prior to
On 12 February 1979 you submitted a written request for an other
than honorable discharge in order to avoid trial by court-martial
for the foregoing offenses.
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.
commanding officer was directed to issue you an other than
honorable discharge by reason of the good of the service.
result of this action, you were spared the stigma of a
martial conviction and the potential penalties of a punitive
discharge and confinement at hard labor.
were issued an other than honorable discharged.
Subsequently, your request was granted and your
On 13 April 1979 you
court-
As a
receive
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 your discharge resulted
from your substance abuse problem for which you did not
proper treatment.
materials submitted were not sufficient to warrant
recharacterization of your discharge given the seriousness'of
and your request for discharge to
your repetitive misconduct,
avoid trial for these offenses.
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.
that you received the benefit of your bargain with the Marine
Corps when your request for discharge was granted and you should
Also, the Board noted that
not be permitted to change it now.
and you submitted none, to
there is no evidence in your record,
Accordingly, your application has been
support your contention.
denied.
Further, the Board concluded
The Board believed that
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.
Sincerely,
W. DEAN PFEIFFER
Executive Director
3
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