DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
X
2 NAVY ANNE
S
WASHINGTON DC 20370-510
0
TRG
Docket No:
21 February 2001
3544-00
Dear
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 13 February 2001.
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.
The Board found that you enlisted in the Marine Corps on 10
October 1973 at age 20.
The record shows that during the period
13 May 1974 to 9 June 1975 you received nonjudicial punishment on
two occasions and were convicted by a special court-martial.
Your offenses were an unauthorized absence of about eight days,
absence from your appointed place of duty, possession and
transfer of a small amount of marijuana, and the sale of
amphetamines.
confinement at hard labor for three months.
The sentence of the court-martial included'
Your military record shows that you submitted a written request
for an undesirable discharge in order to avoid trial by
court-
martial for wrongful use of morphine on a military installation.
Your record also shows 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.
your request was granted on 4 August 1975 2001 and, as a result
of this action, you were spared the stigma of a court-martial
conviction and the potential penalties of a
puniti*ve discharge
The Board found that
and confinement at hard labor.
1975.
You were discharged on 15 August
such as your youth and limited
The Board also considered your contention, in effect,
In its review of your application the Board carefully weighed all
potentially mitigating factors,
education.
that you should have received a medical discharge rather than a
The Board found that these
discharge by reason of misconduct.
factors were not sufficient to warrant recharacterization of your
discharge given your record of misconduct and especially_your
request for discharge to avoid trial for wrongful use of
morphine.
misconduct takes precedence over discharge processing for a
physically disability
The Board was aware that discharge processing for
.
Finally, the Board noted that
Further, any instance of drug
You elected to be discharged instead of going to
If you believed the charge against you was legally
The Board also rejected your conclusion that had you gone to
trial, a punitive discharge would not, or could not, have been
adjudged.
trial.
insufficient or you would not be discharged, you should have
elected trial by court-martial.
use is serious, and could well have resulted in a punitive
discharged from a court-martial.
your use morphine occurred on a military installation and even
under the more restrictive jurisdictional rules in effect at the
time, this fact would have permitted
convict you of this offense.
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.
Further, the Board 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.
The Board concluded that your discharge was
proper as issued and no change is warranted.
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
The Board believed that
the.Marine Corps to try and
The names and
It is regretted that the circumstances of your case are such that
favorable action cannot be taken.
You are entitled to have the
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
2
record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
W. DEAN PFEIFFER
Executive Director
copy to:
The Veteran's of Foreign Wars
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