DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
CRS
Docket No: 4600-01
19 October 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 17 October 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 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 1
December 1972 at age 17.
three nonjudicial punishments.
unauthorized absence of four days,
on two occasions, failure to shave,
absence from your appointed place of duty.
were granted a drug exemption and
4 October 1976.
The offenses included an
The record reflects that you received
sent,to drug rehabilitation on
violation of a general order
failure to get a haircut, and
Subsequently, you
On 2 December 1976 you submitted a written request for an other
than honorable discharge in order to avoid trial by court-martial
for unauthorized absences totalling 17 days and willful
disobedience of a lawful order.
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
stigma of a court-martial conviction and potential penalties of a
punitive discharge and confinement at hard labor, you received
Prior to submitting this request
the other than honorable discharge on 9 December 1976.
However, the
The
In its review of your application the Board carefully weighed all
such as your youth and immaturity
potentially mitigating factors,
and the contention that you were drug dependent.
Board found that these factors were not sufficient to warrant
recharacterization of your discharge given your request for
discharge to avoid trial for unauthorized absences and
disobedience, and your three prior nonjudicial punishments.
Board noted that you have submitted no evidence to show that you
how that dependency caused
were drug dependent or, if you were,
The Board also believed that
or contributed to your misconduct.
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
The Board concluded that your discharge was proper as
it now.
issued and no change is warranted.
has been denied.
will be furnished upon request.
Accordingly, your application
The names and votes of the members of the panel
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
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