DEPARTMENT OF THE NAVY
BOAR!, FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TRG
Docket No:
2982-02
11 September 2002
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 10 September 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 10 September 1975 at age 18.
On 24 January 1977 you received nonjudicial punishment for
failure to go to your appointed place of duty and disrespect.
Your military record shows that on 24 March 1977 you submitted a
written request for a discharge under other than honorable
conditions in order to avoid trial by court-martial for the
offenses of altering a check, disobedience, disrespect, breaking
Your record also shows
restriction and communicating a threat.
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.
was granted on 18 April 1977 and, as a result of this
were spared the stigma of a court-martial conviction and the
potential penalties of a punitive discharge and confinement at
hard labor. You were discharged on 27 May 1977.
The Board found that your request
,action, you
In its review of
potentially mitigating factors,
a better discharge.
yorir application the Board carefully weighed all
such as your youth and desire for
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
The Board believed
discharge to avoid trial for the offenses.
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.
concluded that you received the benefit of your bargain when your
request for discharge was granted and you should not be permitted
to change it now.
proper as issued and no change is warranted.
The Board concluded that your discharge was
Further, the Board
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
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