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
3535-02
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 17
August 1987 for four years at age 18. Your record reflects that
you served without incident until 12 April 1988, when you
received nonjudicial punishment (NJP) for wrongful use of
marijuana.
month for two months, reduction to private, and 45 days of
restriction.
months.
alcohol level II treatment program on 6 May 1988.
The restriction was suspended for a period of six
Your record further shows that you completed a drug and
The punishment imposed was forfeitures of $335 per
The record further reflects that you received NJP on 9 August
1988 for an unauthorized absence from 23 July to 8 August 1988,
a period of 16 days.
$156 and 14 days of restriction and extra duty. The restriction
The punishment imposed was a forfeiture of
and extra duty and $100 of the forfeitures were suspended for a
period of three months.
On 13 December 1989 you received NJP for disrespect to an
officer, disobeying a lawful order,
and disorderly conduct.
punishment imposed was forfeitures of $200 per month for two
months, reduction to private first class, and 45 days of
restriction and extra duty.
this NJP was denied.
On 29 January 1990 your appeal of
The
On 6 February 1990 you again received NJP for failure to be at
your appointed place of duty.
forfeitures of $362 per month for two months and reduction to
private.
The punishment imposed was
On 13 July 1990 you submitted a request for separation in lieu
of trial by court-martial for two instances of assault and
breach of the peace.
Prior to submitting this request 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.
On 24 July 1990 your request for
separation was approved by the discharge authority.
of such action, you were spared the stigma of a court-martial
conviction and the potential penalties of a punitive discharge
and confinement at hard labor.
honorable discharge on 19 October 1990 and assigned an RE-4
reenlistment code.
You received the other than
As a result
In its review of your application the Board carefully weighed
all potentially mitigating factors such as your youth and
immaturity and the fact that you now understand the reality of
your behavior and consequences of your actions.
However, the
Board concluded that the other than honorable discharge was
appropriate given your request for discharge in lieu of trial
for two instances of assault, breach of the peace, wrongful use
of marijuana,
believed that considerable clemency was extended to you when
your request for discharge 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 Marine Corps when
your request for discharge was granted and you should not be
permitted to change it now.
Further, the Board concluded that you
16 days of unauthorized absence.
The Board
Additionally, the assignment of an
2
RE-4 reenlistment code is required when an individual is
discharged in lieu of trial by court-martial.
application has been denied.
of the panel will be furnished upon request.
Accordingly, your
The names and votes of the members
You are entitled to have
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.
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
In this regard,
Sincerely,
W. DEAN PFEIFFER
Executive Director
3
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