DEPARTMENT OF THE NAV
Y
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No:
13 August 200 2
2936-0
2
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 6 August 2002.
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.
You enlisted in the Marine Corps on 29 March 1984 at age 22. On
6 November 1985 and 15 April 1986 you received nonjudicial
punishments for possession and use of marijuana.
you were recommended for discharge by reason of misconduct due to
drug abuse with a characterization of service of under other than
honorable conditions.
using PCP.
On 21 August 1986 you were charged with
On 17 July 1986
The documentation to support discharge for
On 30 September 1986 you acknowledged that you were not
recommended for reenlistment due to separation in lieu of trial
by court-martial.
this reason is not filed in your service record.
regulations require that prior to submitting a request for
discharge in lieu of trial by court-martial, an individual
confer with a qualified military lawyer, be advised of his
rights, and warned of the probable adverse consequences of
accepting such a discharge.
granted, the individual is spared the stigma of a court-martial
conviction and the potential penalties of a punitive discharge
and confinement at hard labor.
When a request for discharge is
However,
A DD Form 214 in the record shows
The Board found that recharacterization of
court-
that you were discharged under other than honorable conditions on
9 October 1986.
In its review of your application the Board carefully weighed all
such as the copy of the DD Form
potentially mitigating factors,
214 you submitted showing that you received an honorable
discharge by reason of separation in lieu of trial by
However, the DD Form 214 on file in your record
martial.
correctly shows that you were discharged under other than
honorable conditions.
your discharge was not warranted given your record of misconduct
and especially your request for discharge to avoid trial for the
offense or offenses.
request for discharge to
clemency was extended to you when your
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
The Board believed that considerable
Accordingly, your application has been denied.
votes of the members of the panel will be furnished
The names and
upon request.
It is regretted that the circumstances of your case
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.
are such that
Sincerely,
W. DEAN PFEIFFER
Executive Director
2
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