DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
WMP
Docket No:
10 October 2002
3322-02
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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 9 October 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
of your application, together with all material submitted in
support thereof, your naval record and applicable statutes,
regulations and policies.
Documentary material considered by the Board consisted
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 10
November 1982 for four years at age 17. Your record reflects
that you served without incident until 14 July 1983, when you
were counseled concerning your repeated periods of unauthorized
absence and warned that any further absences could result in
nonjudicial punishment (NJP) .
reflects that you were arrested for driving under the influence
of alcohol, however, there is no indication in your record that
any further action was taken.
On 3 August 1983, your record
Although your record further reflects that you were an
unauthorized absentee from 18 to 20 October 1983, a period of
two days, it does not indicate if disciplinary action was taken.
On 5 January 1984 you were counseled concerning public
intoxication and conduct unbecoming a Marine, and warned
that further misconduct on your part could result in
disciplinary action.
failure to obey a lawful order,
On 6 March 1984 you submitted a request for separation in lieu
of trial by court-martial for five instances of failure to go to
your appointed place of duty,
and driving under the influence of alcohol.
this request you conferred with a qualified military lawyer and
were advised of your rights and warned of the probable adverse
On 21 March 1984
consequences of accepting such a discharge.
your request for separation in lieu of a trial by court-martial
As a result of such
was approved by the discharge authority.
action, you were spared the stigma of a court-martial conviction
and the potential penalties of a punitive discharge and
confinement at hard labor.
You received the other than
honorable discharge on 25 April 1984.
Prior to submitting
In its review of your application the Board carefully weighed
all potentially mitigating factors such as your youth and
immaturity and your contention you were being "railroaded" for
minor violations.
However, the Board concluded that the other
than honorable discharge
was appropriate given your request for
discharge to avoid trial for five instances of failure to be at
your appointed place of duty,
second instance of driving under the influence of alcohol.
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,
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.
failure to obey a lawful, your
you escaped the possibility
The names and
The
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
the Board.
it is important to keep in mind that
You are entitled to have
In this regard,
2
a presumption of regularity attaches
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.
to all official records.
Sincerely,
W. DEAN PFEIFFER
Executive Director
3
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