DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNE X
WASHINGTON DC 20370-510
0
CRS
Docket No: 1386-02
29 January 2003
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 15 January 2003.
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.
On 26 July 1982 you submitted a written request for an
The Board found that you enlisted in the Marine Corps on 28 May
1981.
other than honorable discharge in order to avoid trial by
martial for unauthorized absences totalling 201 days.
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.
action, you were spared the stigma of a court-martial conviction
and the potential penalties of a punitive discharge and
confinement at hard labor.
discharge on 30 August 1982.
Your request was granted and, as a result of this
court-
Prior to
You received the other than honorable
In its review of your application the Board carefully weighed all
potentially mitigating factors,
and the contention that alcohol abuse caused your misconduct.
However, the 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
such as your youth and immaturity
totalling more than six months. The Board believed that
yas extended to you when your request for
considerable clemency
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.
Further, the Board concluded
that you received the benefit of your bargain when your requesnt
for discharge was granted and should not be permitted to change
it now.
submitted none,
absence.
misconduct.
Therefore,
discharge is warranted.
denied.
furnished upon request.
the Board concluded that no change to the
Accordingly, your application has been
The names and votes of the members of the panel will be
to show that alcohol abuse contributed to your
However, even if true, alcohol abuse does not excuse
Additionally,
there is no evidence in the record and you
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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