DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
X
2 NAVY ANNE
S
WASHINGTON DC 20370.510
0
TRG
Docket No: 8602-00
24 July 2001
Dear
By"---
This is in reference to your application for correction of your
naval record pursuant'to the provisions of Title 10 of the 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 24 July 2001.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Documentary material considered by the Board consisted of
Board.
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 24
October 1973 at age 18.
January 1976 you received nonjudicial punishment on three
occasions.
absence totaling about four days,
disobedience and disrespect.
Your offenses were two periods of unauthorized
possession of marijuana,
During the period 24 April 1974 to 12
Your military record shows that on 8 September 1976 you submitted
a written request for an undesirable discharge in order to avoid
trial by court-martial for an unauthorized absence of about 46
days, several absences from your appointed place of duty,
possession of marijuana,
disobedience and using obscene gestures.
Your record also shows 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.
your request was granted on 8 October 1976 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.
1976.
You were discharged on 24 October
The Board found that
In its review of your application the Board carefully weighed all
such as your youth and limited
potentially mitigating factors,
education and the evidence you submitted showing that you were
abused as a child, have received counseling, and have been
maintaining sobriety for over a decade.
considered the documentation you submitted showing that you are
an employee of a county water system and have been a good citizen
for many years.
The Board also
The Board found that these factors were not sufficient to warrant
recharacterization of your discharge given your record of
misconduct and especially your request for discharge to avoid
The Board believed that considerable
trial for the offenses.
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.
received the benefit of your bargain when your request for
discharge was granted and you should not be permitted to change
it now.
The Board concluded that your discharge was proper as
issued and no change is warranted.
Further, the Board concluded that you
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
The names and
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.
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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