DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 5036-01
17 January 2002
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.
of,the Board for Correction of Naval
A three-member panel
Records, sitting in executive session, considered your
application on 8 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
The Board found you enlisted in the Marine Corps on 13 December
1982 at the age of 22.
Your record reflects that on 10 January
1983 you received nonjudicial punishment (NJP) for wrongful use
of marijuana and were awarded a reduction to
restriction for 60 days,
and a $400 forfeiture of pay.
paygrade E-l,
Your record also reflects that during the period from 3 July to 6
September 1983 you were in an unauthorized absence (UA) status on
six occasions for a total of 19 days.
However, the record does
not reflect what, if any,
You were also confined from 9 to
result of these periods of UA.
20 September 1983.
disciplinary action was taken as a
On 21 September 1983 you submitted a written request for an
undesirable discharge in order to avoid trial by court-martial.
Once again, the record is without the specific offenses which
resulted in your request.
that such offenses had to be sufficiently serious to authorize a
punitive discharge if the individual was tried by court-martial.
However, applicable regulations stated
Your record clearly shows that prior to submitting this request
for discharge, 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. On
4 October 1983 you were again UA for a day, but the record does
not reflect the disciplinary action taken, if any, for this
misconduct.
and your commanding officer was directed to issue you an other
than honorable discharge.
spared the stigma of a court-martial conviction and the potential
penalties of a punitive discharge and confinement at hard labor.
On 7 October 1983 you were issued an other than honorable
discharge.
Subsequently, your request for discharge was granted
As a result of this action, you were
However, the Board found the evidence and
The Board, in its review of your entire record and application,
carefully considered all mitigating factors, such as your youth
and immaturity.
materials submitted were not sufficient to warrant
recharacterization of your discharge given the seriousness of
your misconduct, to include wrongful use of marijuana and
numerous periods of UA, and the offense which resulted in your
The Board believed that
request for discharge to avoid trial.
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
Further, the Board concluded
labor and a punitive discharge.
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.
has been denied.
Accordingly, your application
The names and votes of the members of the panel will be furnished
upon request.
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
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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