DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
ANNEX
NAVY
2
WASHINGTON DC 20370-510
0
S
WMP
Docket No:
11 December 2002
3493-02
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 11 December 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.
advisory opinion dated 5 November 2002 from the Awards Branch,
Headquarters Marine Corps,
Documentary material considered by the Board consisted
Your allegations of error and
The Board also considered the
a copy of which is enclosed.
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 17 July
1980 for four years at age 17.
Your record reflects that you
served without incident until 15 April 1981, when you received
nonjudicial punishment (NJP) for failure to obey a lawful order.
The punishment imposed was a forfeiture of $100.
On 26 September 1983 you were convicted by a special
martial of wrongful use of marijuana.
confinement at hard labor for 75 days, forfeitures of $382 per
month for two months,
On 10
November 1983, the convening authority approved the adjudged
sentence and ordered its execution.
court-
You were sentenced to
and reduction to
paygrade E-l.
Prior to submitting this request, you conferred with a
You were then an unauthorized absentee from 9 January to 29
On 30 March 1984, you
February 1984, a period of 51 days.
submitted a request for an other than honorable discharge in
lieu of trial by court-martial for this period of
absence.
qualified military lawyer and were advised of your rights and
warned of the probable adverse consequences of accepting such a
discharge.
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 30 April 1984.
On 13 April 1984 your request for discharge was
As a result of such
unaut.horized
The Board also believed that considerable
In its review of your application the Board carefully weighed
all potentially mitigating factors such as your youth and
immaturity, and your contention that you completed over three
years service without incident.
Nevertheless, the Board found
that your 51 days of unauthorized absence and ensuing request
for discharge clearly warranted an other than honorable
discharge, especially when your prior disciplinary record is
taken into account.
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.
received the benefit of your bargain with the Navy when your
request for discharge was granted and you should not be
permitted to change it now.
Marine Corps Good Conduct Medal, the Board substantially
concurred with the comments set forth in the advisory opinion.
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon
request.
Further, the Board concluded that you
Concerning your entitlement to the
The names and
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
Enclosure
DEPARTMENT OF THE NAV
Y
S
HEADQUARTERS UNITED STATES MARINE CORP
ROAD
2280 RUSSELL
QUANTICO, VIRGINIA
22
134-3
I03
IN REPLY REFER TO:
165 0
MMMA-3
5 Nov 02
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
.
NION(S) IN THE CASE OF
ORMER
MARINE
Subj:
A review of the records reveal that
1.
convicted by a Special Court Martial on
offenses committed during the period July 17, 1980 to July 16,
1983.
Since the offense occurred within the 3-year period, he
would not be entitled to a Good Conduct Medal.
The point of contact at MMMA
2.
784-9340.
is
t
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