DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
NAVY
ANNEX
2
WASHINGTON DC 20370-510
0
S
CRS
Docket No:
1 February 2002
4175-01
Dear
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 30 January 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.
The Board found that you reenlisted in the Marine Corps on 14
January 1982 after more than two years of prior active service.
On 9 March 1988 you submitted a written request for an other than
honorable discharge in order to avoid trial by court-martial for
willful dereliction of duty for failing to maintain a
professional relationship with an applicant by
an employee for participation in sexual intercourse for hire,
attempting to entice applicants to engage in sex for hire on two
occasions, use of indecent language on two occasions, wrongful
use of government phones and offices on two occasions, and
soliciting applicants to participate in sex for hire.
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.
action, you were spared the stigma of a court-martial conviction
and the potential penalties of a punitive discharge and
confinement at hard labor.
discharge on 6 April 1988.
Your request was granted and, as a result of this
You received the other than honorable
solicting her as
Prior to
such as your youth and
However, the Board found these factors were not
In its review of your application the Board carefully weighed all
potentially mitigating factors,
immaturity.
sufficient to warrant recharacterization of your discharge given
your request for discharge to avoid trial for serious offenses.
The 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
when your request for discharge was granted and should not be
permitted to change it now.
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 concluded that your
you escaped the possibility
Further,
The names and
It is regretted that the circumstances of your case are such that
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.
Sincerely,
W. DEAN PFEIFFER
Executive Director
2
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