DEPARTMENTOFTHE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
WMP
Docket No:
26 August 2002
2614-02
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.
considered your
procedures*applicable to the proceedings of this
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session,
application on 21 August 2002.
injustice were reviewed in accordance with administrative
regulations and
Board.
of your application, together with all material submitted in
support thereof,
regulations and policies.
Documentary material considered by the Board consisted
your naval record and applicable statutes,
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.
You enlisted in the Marines on 21 February 1975 for four years
at age 17. Your record reflects that you served without incident
until 30 September 1975, when you received nonjudicial
punishment (NJP) for an unauthorized absence from 16 to 24
September 1975, a period of eight days.
was a forfeiture of $75 and 14 days of extra duty.
The punishment imposed
On 9 October 1975, you were placed in the voluntary
referral for drug abuse rehabilitation program (VSRRP).
program enabled drug dependent personnel to obtain treatment
while on active duty without the risk of receiving disciplinary
action for their prior actions.
self-
This
.
The record further shows that on 6 November 1975 you received
NJP for disobeying a lawful written order.
imposed was a forfeiture of $25.
The punishment
Prior to submitting this request
On 16 December 1975 you submitted a request for an undesirable
discharge in lieu of trial by court-martial for two instances of
possessing marijuana on 3 and 8 November 1975, and for using
marijuana on 8 November 1975.
you conferred with a qualified military lawyer and were advised
of your rights and warned of the probable adverse consequences
of accepting such a discharge.
for an undesirable discharge for the good of the service to
escape a trial by court-martial was approved by the discharge
authority.
stigma of a court-martial conviction and the potential penalties
of a punitive discharge and confinement at hard labor.
received the undesirable discharge on 31 December 1975.
As a result of such action, you were spared the
On 29 December 1975 your request
You
The Board concluded that
and your request for discharge
NJP's and the two instances of drug abuse after your
In its review of your application the Board carefully weighed
all potentially mitigating factors such as your youth and
immaturity and your contention that your misconduct was the
result of not being sent to Vietnam.
the two
placement in the VSRRP program,
clearly warranted an undesirable discharge.
The 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, you escaped the possibility 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 your request for discharge
was granted and you should not be permitted to change it now.
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon
request.
The names and
Further,
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
You are entitled to have
2
In this regard,
the Board.
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.
it is important to keep in mind that
Sincerely,
W. DEAN PFEIFFER
Executive Director
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